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93d Congress 1 
1st Sessio7i j 



SENATE 



Report 
No. 93-549 



EMERGENCY POWERS STATUTES: 
Provisions of Federal Law 
^Noav in Effect Delegating to the 
Executive Extraordinary Authority 
in Time of National Emergency 



REPORT 

OF THE 

SPECIAL COMMITTEE ON THE 
TERMINATION OF THE 
NATIONAL EMERGENCY 
UNITED STATES SENATE 




NOVEMBER 19, 1973 



24-509 O 



U.S. GOVERNMENT PRINTING OFFICE 
"WASHINGTON • 1973 



SPECIAL COMMITTEE ON THE 
TERMINATION OF THE NATIONAL EMERGENCY 



FRANK CHURCH, Idaho Co-Chairmen 
PHILIP A. HART, Michigan 
CLAIBORNE PELL, Rhode Island 
ADLAI E. STEVENSON III, Illinois 



CHARLES McC. MATHIAS, Jb., Maryland 
CLIFFORD P. CASE, New Jersey 
JAMES B. PEARSON, Kansas 
CLIFFORD P. HANSEN, Wyoming 



WILLIAU G. M1LLEB, Btaff Director 
Thomas A. Dine, Professional Staff 



(ID 



FOREWORD 



Since March 9, 1933, the United States has been in a state of declared 
national emergency. In fact, there are now in effect four presiden- 
tially proclaimed states of national emergency: In addition to the 
national emergency declared by President Roosevelt in 1933, there are 
also the national emergency proclaimed by President Truman on De- 
cember 16, 1950, during the Korean conflict, and the states of national 
emergency declared by President Nixon on March 23, 1970, and 
August 15, 1971. 

These proclamations give force to 470 provisions of Federal 
law. These hundreds of statutes delegate to the President extraor- 
dinary powers, ordinarily exercised by the Congress, which affect the 
lives of American citizens in a host of all-encompassing manners. This 
vast range of powers, taken together, confer enough authority to rule 
the country without reference to normal constitutional processes. 

Under the powers delegated by these statutes, the President may : 
seize property; organize and control the means of production; seize 
commodities; assign military forces abroad; institute martial law; 
seize and control all transportation and communication ; regulate the 
operation of private enterprise ; restrict travel ; and, in a plethora of 
particular ways, control the lives of all American citizens. 

With the melting of the cold war— the developing detente with the 
Soviet Union and China, the stable truce of over 20 years duration 
between North and South Korea, and the end of U.S. involvement in 
the war in Indochina — there is no present need for the United States 
Government to continue to function under emergency conditions. 

The Special Committee on the Termination of the National Emer- 
gency was created 1 to examine the consequences of terminating the de- 
clared states of national emergency that now prevail; to recommend 
what steps the Congress should take to ensure that the termination can 
be accomplished without adverse effect upon the necessary tasks of gov- 
erning; and, also, to recommend ways in which the United States can 
meet future emergency situations with speed and effectiveness but 
without relinquishment of congressional oversight and control. 

In accordance with this mandate, the Special Committee — in con- 
junction with the Executive branch, expert constitutional authorities, 
as well as former high officials of this Government — is now engaged 



1 S. Res. 9, 93d Cong., 1st Seas. 



(iii) 



IV 



in a detailed study to determine the most reasonable ways to restore 
normalcy to the operations of our Government. 

A first and necessary step was to bring together the body of statutes, 
which have been passed by Congress, conferring extraordinary 
powers upon the Executive branch in times of national emergency. 
This has been a most difficult task. Nowhere in the Government, in 
either the Executive or Legislative branches, did there exist a com- 
plete catalog of all emergency statutes. Many were aware that there 
had been a delegation of an enormous amount of power but, of how 
much power, no one knew. In order to correct this situation, the 
Special Committee staff was instructed to work with the Executive 
branch, the Library of Congress, and knowledgeable legal authorities 
to compile an authoritative list of delegated emergency powers. 

This Special Committee study, which contains a list of all provisions 
of Federal law, except the most trivial, conferring extraordinary 
powers in time of national emergency, was compiled by the staff under 
the direction of Staff Director William G. Miller, and Mr. Thomas A. 
Dine ; utilizing the help of the General Accounting Office, the Ameri- 
can Law Division of the Library of Congress, the Department of 
Justice, the Department of Defense, and the Office of Emergency 
Planning. 

The Special Committee is grateful for the assistance provided by 
Jack Goldklang of the Office of Legal Counsel, Department of J ustice ; 
Lester S. Jayson, the director of the Congressional Kesearch Service 
of the Library of Congress; Joseph E. Koss, head of the American 
Law Division of CKS ; and especially Raymond Celada of the Ameri- 
can Law Division and his able assistants, Charles V. Dale and Grover 
S. Williams ; Paul Armstrong of the General Accounting Office ; Linda 
Lee, Patrick Norton, Koland Moore, William K. Sawyer, Audrey 
Hatry, Martha Mecham, and David J. Kyte. 

The Special Committee will also publish a list of Executive Orders, 
issued pursuant to statutes brought into force by declared states of 
emergency, at a later date. 

Charles McC. Matiiias, Jr. 
Frank Church, 

Co-Chairmen. 



CONTENTS 

Page 



Foreword III 

Introduction: 

A — A brief historical sketch of the origins of emergency powers now in 

force 1 

B — Summary views of the present status of emergency powers statutes, 6 
Textual Note: 

Compiling the texts of emergency power statutes 15 

Summary of statutes delegating powers in time of war or national 
emergency: 

United States Code : 

Title 2 17 

5 _ 17 

7 18 

8 _ 18 

10_ _ 19 

12__ _ _ 29 

14 _ _ 29 

15. _ _._ 30 

16_ _ 30 

18 _ 31 

19 32 

20 _ __ 32 

22 •_ _ 33 

25... 33 

26.. _ 33 

29 34 

31_. _ _ _ 34 

32 34 

33 _ 35 

35.. 35 

37 35 

38 36 

40 _ 36 

41 _ 37 

42.... _ 37 

43. _ _ _ 38 

44 39 

45.. 39 

46 _ 39 

47.. _ __ 41 

49 _ _. 41 

50... 42 

50 App 43 

Public Laws, enacted by: 

68th Congress 47 

69tb Congress _ 47 

71st Congress 48 

72d Congress 48 

74th Congress 48 

75th Congress 49 

79th Congress 50 

80th Congress 50 

81st Congress 50 

82d Congreas 51 



(V) 



VI 



"Summary of statutes delegating powers in time of war or national 
emergency — Continued 

Public Laws, enacted by — Continued P»f» 

83d Congress _ 51 

84th Congreas 54 

85tb Congress 58 

86tb Congress _ 60 

87th Congress " 61 

88th Congress _ 61 

89th Congress __ _ 62 

91st Congress 62 

92d Congress 62 

Texts of statutes delegating powers in time of war or national emergency: 
United States Code, Title 2 — The Congress: 

2 U.S.C. 198. Adjournment. 65 

United States Code, Title 5 — Government Organizations and Em- 
ployees : 

5 U.S.C. 701. Application; definitions — 65 

702. Right of review. 66 

3101. General authority to employ. 66 

3326. Appointments of retired members of the Armed 
Forces to positions in the Department of 

Defense 68 

5305. Annual pay reports and adjustments 69 

5335. Periodic step-increases 70 

5532. Employment of retired officers of the uniformed 
services ; reduced in retired or retirement pay ; 

exceptions 71 

5564. Travel and transportation; dependents; house- 
hold and personal effects; motor vehicles; 
sale of bulky items ; claims for proceeds ; 

appropriation chargeable 72 

8332. Creditable service . 74 

United States Code, Title 7 — Agriculture: 

7 U.S.C. 1158. Suspension of quota and authorization provi- 

sions 76 

1332. National marketing quota 78 

1371. General adjustment of quotas 79 

1743. Reduction of set-aside 80 

1903. Limitations on Government procurement and 
price support; modification during national 
emergency ; statement of eligibility, 81 
United States Code, Title 8— Aliens and Nationality: 

8 U.S.C. 1182. Excludable aliens __ 82 

1185. Travel control of citizens and aliens during war 

or national emergency 82 

1440. Naturalization through active-duty'service in 
the Armed Forces during World War I 
World War II, Korean hostilities, Vietnam 
hostilities, or other periods of military hostili- 
ties — _ gg 

1440e. Exemption from naturalization fees for aliens 
naturalized through service during Vietnam 
hostilities or other subsequent period of 
military hostilities; reports by clerks of courts 
to Attorney General QA 

1442. Alien enemies \ jj!* 

148 1 . Loss of nationality by nati ve-bo~raor naturahied 
citizen; voluntary action; burden of nranf- 
presumptions F * g 



VII 



Uaited'States Code, Title 10— Armed Forces: 

10 U.S.C-il23. Suspension of certain provisions of law relating 

to reserve commissioned officers 89 

125. Functions, powers, and duties; transfer, reas- 
signment, concolidation, or abolition 90 

142. Chairman 91 

143. Joint Staff 92 

262. Purpose.- __ 93 

263. Basic policy for order into Federal service 94 

269. Ready Reserve: placement in; transfer from__ 95 

271. Ready Reserve: continuous screening 96 

331. Federal aid for State government __ 96 

332. Use of militia and Armed Forces to enforce 

Federal authority 97 

333. Interference with State and Federal laws 97 

334. Proclamation to disperse 97 

351. During war or threat to national security 97 

506. Regular components: extension of enlistments 

during war 98 

511. Reserve components: terms 99 

519. Temporary enlistments: during war or emer- 
gency 100 

565. Warrant officers: suspension of laws for promo- 
tion or mandatory retirement or separation 

during war or emergency 101 

599. Warrant officers: suspension of laws for promo- 
tion or mandatory retirement or separation 

during war or emergency 101 

671a. Members: service extension during war 101 

671b. Members: service extension when Congress is 

not in session 101 

672. Reserve components generally 103 

673. Ready Reserve 104 

674. Standby Reserve 106 

675. Retired Reserve 107 

679. Active duty agreements 107 

681. Reserves: release from active duty 108 

687. Non-Regulars: readjustment payment upon in- 
voluntary release from active duty 108 

712. Foreign governments: detail to assist 110 

802. Art. 2. Persons subject to this chapter 112 

843. Art. 43. Statute of limitations 113 

871. Art. 71. Execution of sentence; suspension of 

sentence 114 

1035. Deposits of savings 115 

1161. Commissioned officers: limitations on dismissal. 116 

2231. Purpose -- 116 

2233. Acquisition 117 

2235. Administration; other use permitted by Secre- 

tary 118 

2236. Contributions to States ; other use permitted by 

States 118 

2304. Purchases and contracts: formal advertising; 

exceptions 119 

2542. Equipment for instruction and practice: Amer- 
ican National Red Cross 123 

2602. American National Red Cross; cooperation and 

assistance 123 

2604. United Seamen's Service: cooperation and as- 
sistance 124 



VIII 

Texts of statutes delegating power in time of war or emergency — Continued 
United States Code, Title 10— Armed Forces— Continued 

10 U.S.C. 2632. Transportation to and from certain places of pa |* 
employment 

2663. Acquisition 7 — 

2664. Acquisition of property for lumber production- i^/ 

2667. Leases: non-excess property 

2674. Establishment and development of military 

facilities and installations costing less than 
$300,000 ----- 

2733. Property loss; personal injury or death; incident 

to noncombat activities of Department of 
Army, Navy, or Air Force -- - r 

2734. Property loss; personal injury or death: inci- 

dent to noncombat activities of the Armed 
Forces; foreign countries 131 

3031. Composition: assignment and detail of mem- 
bers of Army and civilians 133 

3034. Chief of Staff : appointment; duties _-- 134 

3062. Policy; composition; organized peace establish- 

ment 135 

3063. Basic branches -- 136 

3201. Army: members on active duty 136 

3202. Army: officers in certain commissioned grades. 137 
3313. Suspension of laws for promotion or mandatory 

retirement or separation during war or emer- 
gency 138 

3444. Commissioned officers: during war or emer- 

gency 139 

3445. Officers: additional appointment during war or 

emergency 139 

3500. Army National Guard in Federal service: call.- 140 

3741. Medal of Honor: award 140 

3742. Distinguished Service Cross: award 141 

3746. Silver Star: award 141 

3750. Soldier's Medal: award; limitations 142 

4025. Production of supplies and munitions : hours and 

pay of laborers and mechanics 142 

4501. Industrial mobilization: orders; priorities; pos- 

session of manufacturing plants; violations.. 142 

4502. Industrial mobilization: plants; lists; Board on 

Mobilization of Industries Essential for 

Military Preparedness 143 

4742. Control of transportation systems in time of 

war 143 

4776. Emergency construction: fortifications 144 

4780. Acquisition of buildings in District of Columbia. 144 
5081. Chief of Naval Operations: appointment; term 

of office; powers; duties 144 

5201. Commandant: appointment; term; emoluments. 145 

5231. Navy positions: admirals and vice admirals 146 

5232. Marine Corps positions: general and lieutenant 

general 146 

5234. Suspension provision 147 

5402. Regular Marine Corps: total; enlisted members I 148 

5447. Navy: line officers on the active list; permanent 

grade 14 g 

5448. Marine Corps: officers on the active list; perma- 

nent grade 15 q 

5449. Navy: staff corps officers on the active list- 

permanent grade _ ' 

5450. Regular Navy: retired flag officers "on "active 

duty j 53 

5451. Suspension: preceding sections 153 



IX 



10 U.S.C. 5597. Navy and Marine Corps: temporary appoint- pa B« 
ments in time of war or national emergency. _ 153 

5598. Naval Reserve and Marine Corps Reserve : 

temporary appointments in time of war or 
national emergency 154 

5599. Medical Corps: acting appointments for tempo- 

rary service 155 

5662. Suspension: preceding sections 155 

5711. Suspension and exceptions: preceding sections., 156 

5785. Suspension: preceding sections 157 

5787. Temporary promotions in time of war or 

national emergency 157 

5982. Ships and squadrons: detail of retired officers to 

command _ 160 

6241. Medal of Honor 161 

6242. Navy Cross 161 

6244. Silver Star Medal 161 

6246. Navy and Marine Corps Medal 162 

6386. Suspension: preceding sections __ 162 

6408. Navy and Marine Corps; warrant officers; W-l: 

limitation on dismissal — 163 

6481. Retired officers of the Regular Navy and 

Regular Marine Corps: authority to recall 163 

6482. Retired enlisted members of the Regular Navy 

and Regular Marine Corps : authority to 
recall 163 

6485. Members of the Fleet Reserve and Fleet Marine 

Corps Reserve: authority to recall 164 

6486. Members of the Fleet Reserve and Fleet Ma- 

rine Corps Reserve: release from active duty. 164 

6487. Retired rear admirals: retired pay after 2 years 

of active duty 164 

6911. Aviation cadets: grade; procurement; transfer. 165 
7224. Transportation on naval vessels during war- 
time 165 

7722. Stay of suit 165' 

7724. Stay of proceedings for taking evidence, before 

suit is filed 166 

7727. Duration of stay 166 

8031. Composition: assignment and detail of members 

of Air Force and civilians 168 

8034. Chief of Staff : appointment; duties... 169 

8202. Air Force: officers in certain commissioned 

grades 170 

8212. Regular Air Force; Air Force Reserve; Air 
National Guard of United States: strength 

in grade; temporary increases 171 

8257. Regular Air Force: aviation cadets; qualifica- 
tions, grade, limitations 171 

8313. Suspension of laws for promotion or mandatory 
retirement or separation during war or 

emergency 172 

8395. During war 172 

8444. Commissioned officers: during war or emer- 

gency 172 

8445. Officers: additional appointments during war 

or emergency 173 

8500. Air National Guard in Federal service: call 173 

8741. Medal of Honor: award 173 

8742. Air Force Cross : award 174 

8746. Silver Star: award 174 

8750. Airman's Medal: award; limitations 175 



Texts of statutes delegating power In time of war or emergency — Continued 

United States Code, Title 10— Armed Forces—Continued PaK6 

10U.S.C. 9022. Contract surgeons -- 175 

9025. Production of supplies and munitions: hours 

and pay of laborers and mechanics J 'j? 

9441. Status: support by Air Force; employment i'*> 

9501. Industrial mobilization: orders; priorities; pos- 

session of manufacturing plants; violations-- 17o 

9502. Industrial mobilization: plants; lists; Board on 

Mobilization of Industries Essential for Md- 

itary Preparedness J*,? 

9591. Utilities: proceeds from overseas operations^- 178 
9742. Control of transportation systems in time of 

war 178 

9773. Acquisition and construction: air bases and 

depots J 78 

9776. Emergency construction : fortifications 180 

9780. Acquisition of buildings in District of Columbia. 180 
United States Code, Title 12— Banks and Banking: 

12 U.S.C. 95. Emergency limitations and restrictions on busi- 
ness of members of Federal Reserve System. 180 
95a. Regulation of transactions in foreign exchange 
of gold and silver; property transfers; vested 

interests, enforcement and penalties 181 

249. Regulation of consumer credit 191 

635. Powers and functions of bank 192 

1425a. Liquidity requirements 195 

1703. Insurance of financial institutions 197 

1705. Allocation of funds 203 

1748b. Insurance of mortgages 203 

United States Code, Title 14— Coast Guard: 

14 U.S.C. 3. Relationship to Navy Department. _ 204 

214. Original appointment of temporary officers 204 

275. Wartime temporary service promotions 205 

331. Recall to active duty during war or national 

emergency 206 

359. Recall to active duty during war or national 

emergency 206 

367. Detention beyond term of enlistment 206 

371. Aviation cadets; procurement; transfer 207 

491. Medal of Honor, _ 208 

493. Coast Guard Medal _ 209 

652. Removing restrictions 210 

778. Suspension of this subchapter in wax or national 

emergency 210 

United States Code, Title 15 — Commerce and Trade: 

15 U.S.C. 76. Retaliation against restriction of importations 

in time of war 211 

77. Discrimination against neutral Americans in 

time of war 211 

United States Code, Title 16 — Conservation: 

16 U.S.C. 440. Same; closure in times of national emergency,. 213 

690p. Limitation on obligations incurred; Great 

Plains Conservation Service 213 

809. Temporary use by Government of projects 
works for national safety; compensation for 
use 219 

824a. Interconnection and coordination of facilities- 
emergencies; transmission to foreign coun' 
tries * 21Q 

831d. Directors; maintenance and operation of plant 
for production, sale, and distribution of 
fertilizer and power ooi 

831n-4. Bonds for financing power program.." 221 

831s. Possession by Government in time of "war" 

damages to contract holders ' 225 

832g. Purchase of supplies and services 227 

833f. Purchase of supplies and services III" 227 



XI 

United States Code, Title 18 — Crimea and Criminal Procedure: 

18 U.S.C. 793. Gathering, transmitting or losing defense infor- P*ff« 

mation 228 

794. Gathering or delivering defense information to 

aid foreign government 231 

795. Photographing and sketching defense installa- 

tions 231 

798. Disclosure of classified information 1 232 

798. Temporary extension of section 794 1 233 

963. Detention of armed vessel 234 

967. Departure of vessel forbidden in aid of neu- 
trality _ 237 

1383. Restrictions in military areas and zones 237 

2153. Destruction of war material, war premises; or 

war utilities 237 

2154. Production of defective war material, war 

premises, or war utilities 238 

2157. Temporary extension of sections 2153 and 2154, 238 

2391. Temporary extension of section 2388 239 

2511. Interception and disclosure of wire or oral com- 
munications prohibited 240 

3287. Wartime suspension of limitations 242 

United States Code, Title 19— Customs Duties: 

19 U.S.C. 1318. Emergencies 243 

1351. Foreign trade agreements 244 

1862. Safeguarding national security 250 

United States Code, Title 20 — Education: 

20 U.S.C. 79. Barro Colorado Island in Gatun Lake to be set 

aside 253 

241-1. Assistance for current school expenditures in 

cases of certain disasters 253 

646. Assistance in cases of certain disasters 256 

United States Code, Title 22 — Foreign Relations and Intercourse: 

22 U.S.C. 401. Illegal exportation of war materials 259 

441. Proclamation of state of war between foreign 

states - 260 

447. Financial transactions 261 

450. Restrictions on use of American ports 263 

451. Submarines and armed merchant vessels 263 

461. Enforcement by courts; employment of land or 

naval forces 264 

464. Detention by collectors of customs 265 

1611. Congressional declaration of policy; embargo on 
war materials; denial of assistance to nations 
failing to embargo shipments; administration 

of chapter 265 

1611a. Responsibility for administration 266 

1611b. Determination of items to be embargoed 266 

1611c. Resumption of assistance 267 

161 Id. Definitions 267 

1962. Military assistance; use of Armed Forces 268 

1963. United Nations Emergency Force 269 

1965. Expiration __ — _ 269 

2370. Prohibitions against furnishing assistance 269 

2410. Sale of supersonic planes to Israel 278 

United States Code, Title 25— Indians: 

25 U.S.C. 72. Abrogation of treaties 278 

United States Code, Title 26 — Internal Revenue Code: 

26 U.S.C. 168. Amortization of emergency facilities 279 

7508. Time for performing certain acts postponed by 

reason of war 284 

United States Code, Title 29— Labor: 

29 U.S.C. 176. National emergencies; appointment of board of 
inquiry by President; report; contents; filing 
with service 286 



XII 

Texts of statutes delegating power In time of war or emergency — Continued 
United States Code, Title 29 — Labor — Continued 

29 XJ.S.C. 178. Same; strikes subject to injunction; inapplica- 
bility of sections 101 to 115 of this title; p **« 

review 287 

United States Code, Title 31 — Money and Finance: 

31 U.S.C. 80a. Same; extension of time during war or emer- 

gency 288 

80b. Administrative examination of accounts of 

U.S. Marine Corps expenditures 288 

80c. Administrative examination of accounts of 
Navy expenditures; extension of time during 

war or emergency 289 

203. Assignments of claims; set-off against assignee. 290 

241. Same; payments 293 

United States Code, Title 32— National Guard: 

32 U.S.C. 104. Units; location; organization; command 296 

111. Suspension of certain provisions of this title 297 

302. Enlistments, reenlistments, and extensions 298 

715. Property loss; personal injury or death: activ- 
ities under certain sections of this title 299 

United States Code, Title 33 — Navigation and Navigable Waters: 

33 U.S.C. 853. Appointments and promotions made by Presi- 

dent; suspension during war or emergency 301 

854a-l. Temporary appointment or advancement of 
commissioned officers in time of war or 

national emergency 301 

855. Cooperation with and transfer to military de- 
partments _ _ 302 

United States Code, Title 35— Patents: 

35 U.S.C. 181. Secrecy of certain inventions and withholding of 

patent 303 

United States Code, Title 37 — Pay and Allowances of the Uniformed 
Services : 

37 U.S.C. 202. Pay grades; assignment to; rear admirals of 
upper half; officers holding certain positions 

in the Navy 305 

310. Special pay; duty subject to hostile fire 305 

407. Travel and transportation allowances; disloca- 
tion allowance 306 

427. Family separation allowance 306 

901. Wartime pay of officer of Armed Force Vxercis- 
. _ _ ing command higher than his erade 307 

United'States Code, Title 38— Veterans' Benefits- 

38JU.S.C. 101. Definitions 307 

521. Veterans of the Mexican border "period World 
War I, World War II, the Korean conflict or 
the Vietnam era _ ______ 

Unit ?«S#?5 Code Title 40— Public Buildings, Propertv.'and W'oVks" 
40JU.S.C. 71d. Proposed Federal and District developi^ni 

and projects _ __ 0,0 

276a-5. Suspension of sections 276a "to"276a-5 duriiii 

emergency _____ 6 

278b. Same; exception of certain vital "leases' during 

war or emergency _ _ <?14. 

314. Sale of war supplies, lands, and buildings q{« 
484. Disposal of surplus property- _ _ _ SJS 
534. Waiver of procedures for disposal of urbanTands" 
„ . , „ _ „ acquisition or change of use of real propertv ' o 
United States Code, Title 41— Public Contracts: Property.. 319 

41 U.S.C. 11. No contracts or purchases unless authorized or 
under adequate appropriation; report to the 



Congress , - 

15. Transfers of contracts; assignments of claims" 

set-off against assignee _ ' 001 

52. Purchases and contracts for property. II ~" 324 



XIII 



United States Code, Title 42— The Public Health and Welfare: Page 

42 U.S.C. 204, Composition of commissioned corps; appoint- 

ment of commissioned officers of Regular and 

Reserve Corps 326 

210-1. Annual and sick leave 327 

211. Promotion of commissioned officers 327 

211b. Promotion of commissioned officers 331 

217. Use of Service in time of war or emergency 332 

266._Special quarantine powers in time of war. 332 

1313. Assistance for U.S. citizens returned from 

foreign countries 333 

1477. Preferences for veterans and families of deceased 

servicemen, _ 334 

1541. Termination of subchapters II-VII; saving 

clause 335 

1592. Authority of Administrator 335 

1711. Definitions 336 

1712. Disqualification from benefits 339 

2138. Suspension of licenses during war or national 

emergency 339 

2165. Security restrictions 340 

2201. General duties of Commission (AEC)_ 342 

United States Code, Title 43— Public Lands: 

43 U.S.C. 155. Withdrawal, reservation, or restriction of public 

lands for defense purposes; definition; excep- 
tion. ^_ ^- _ _ ----- . 348 

315q. WitfidrawaTbf lands for war or national defense 
purposes ; payment for cancellation of permits 

or licenses 333 

616W. Restriction on delivery of water for production 

of excessive basic commodities 349 

1314. Rights and powers retained by the United 

States; purchase of natural resources; con- 
demnation of lands 349 

1341. Reservation of lands and rights 350 

United States Code, Title 44 — Public Printing and Documents : 

44 U.S.C. 1505. Documents to be published in the Federal 

Register 351 

3311. Destruction of records outside continental 
United States in time of war or when hostile 
action seems imminent; written report to 

Administrator of General Services 353 

United States Code, Title 45 — Railroads: 

45 U.S.C. 228c-l. Military service 353 

United States Code, Title 46 — Shipping: 

46 U.S.C. 133. Hospital ships in time of war 354 

134. Designation by President of hospital ships 

exempted 355 

249a. Distinctive service ribbon bar; issuance; cost; 

replacements 355 

835. Restrictions on transfer of shipping facilities 

during war or national emergency 356 

861. Purpose and policy of United States. _ 359 

1132. Citizenship of officers and crew 360 

1151. Subsidy authorized for vessels to be operated in 

foreign trade 361 

1161. Reserve funds for construction or acquisition of 

vessels; taxation 7 363 

1202. Insurance requirements; repairs; inspection by 
Secretary; termination of charter in national 

emergency 364 

1241. Transportation in American vessels of Govern- 
ment personnel and certain cargoes 365 



XIV 

Texts of statutes delegating power in time of war or emergency — Continued 
United States Code, Title 46— Shipping— Continued 

46 U.S.C. 1242. Requisition or purchase of vessels in time of 

emergency 367 

1294. Expiration of authority to provide insurance — 369 

1402. Application for subsidy; conditions. 369 

1406. Supervision of construction; submission of plans 

to Secretary of Defense 371 

United States Code, Title 47 — Telegraphs, Telephones, and Radio- 
telegraphs : 

47 U.S.C. 308. Same; application; conditions and restrictions in 

license for foreign communication 371 

606. War powers of President 373 

United States Code, Title 49 — Transportation: 

49 U.S.C. 1. Regulation in general; car service; alteration of 

line 375 

6. Schedules and statements of rates, etc., joint 

rail and water transportation 380 

1020. Special powers during time of war or other 

emergency _ 382 

1343. General powers and duties of Administrator 382 

1348. Airspace control and facilities 383 

United States Code, Title 50 — War and National Defense: 

50 U.S.C. 21. Restraint, regulation, and removal 384 

82. Procurement of ships and material during war; 
changes in contracts ; commandeering fac- 
tories, etc__ 384 

98d. Release of stockpile materials 385 

167c. Licensing 385 

191. Regulation of anchorage and movement of 

vessels during national emergency 388 

196. Emergency foreign vessel acquisition; purchase 

or requisition of vessels lying idle in U.S. 
waters ._ 389 

197. Same; voluntary purchase or charter agree- 

ments -__ 389 

198. Same; documentation of vessels; waiver of 

compliance; coastwise trade; inspection; re- 
conditioning of vessels ; effective period ; 
definition 390 

205. Suspension of commercial intercourse with State 

in insurrection __ 392 

206. Suspension of commercial intercourse with part 

of State in insurrection _ __ 392 

207. Persons affected by suspension of commercial 

intercourse 393 

208. Licensing or permitting commercial intercourse 

with State or region in insurrection 393 

212. Confiscation of property employed to aid insur- 
rection 394 

223. Forfeiture of vessels owned by citizens of insur- 
rectionary States 394 

451. Congressional declaration of purpose and policy 394 

452. Definitions 395 

453. Powers and duties of Secretary of Defense"" 396 

454. Plant disposal; modification of national security 

clause; transfer to Administrator of General 
Services; machine tools _ 39c 

455. Acceptance of plants by Administrator "of 

General Services; disposition; conditions of 

lease _ <jq» 

456. Powers of Secretary of Defense respecting 

property in national industrial reserve 393 



XV 



50 U.S.C. 457. Transportation, maintenance, disposition, etc., 

by Administrator of General Services of P ft B* 
transferred property 399 

458. Limitation on acquisition of property 399 

459. Industrial Reserve Review Committee; compo- 

sition, appointment, tenure, and compensa- 
tion; laws applicable 400 

460. Duties of committee; recommendations 401 

461. Reports to Congress 401 

462. Appropriations 401 

812. Declaration of "internal security emergency" by 

President; events warranting; period of 

existence 401 

832. Full field investigation and appraisal 402 

1431. Authorization; official approval 403 

1435. Effective period 403 

1511. Reports to Congress 4€6 

1512. Transportation, open air testing, and disposal; 

Presidential determination ; report to Con- 
gress ; notice to Congress and State Governors, 406 

1513. Deployment, storage, and disposal; notification 

to host country and Congress; international 
law violations; reports to Congress and inter- 
national organizations 407 

1515. Suspension; Presidential authorization 408 

1516. Delivery systems 408 

1517. Immediate disposal when health or safety are 

endangered 409 

1518. Disposal; detoxification; report to Congress; 

emergencies 409 

United States Code, Title 50, Appendix — War and National Defense: 

50 U.S.C. App. 3. Acts prohibited. _ 409 

4. Licenses to enemy or ally of enemy insurance or 

reinsurance companies; change of name; doing 
business in United States 410 

5. Suspension of provisions relating to ally of 

enemy; regulation of transactions in foreign 
exchange of gold or silver, property transfers, 
vested interests, enforcement and penalties.. 413 

6. Alien Property Custodian; general powers and 

duties 415 

7. Lists of enemy or ally of enemy officers, directors 

or stockholders of corporations in United 
States; acts constituting trade with enemy 
prior to passage of act ; conveyance of property 
to custodian; voluntary payment to custodian 
by holder; acts under order, rule, or regula- 
tion 415 

8. Contracts, mortgages, or pledges against or with 

enemy or ally of enemy ; abrogation of con- 
tracts; suspension of limitations 420 

9. Claims to property transferred to custodian; 

notice of claim; filing; return of property; 
suits to recover; sale of claimed property in 
time of war or during national emergency — 421 

10. Acts permitted; applications for patents, or 

registration of trademarks or copyrights; 
payment of tax in relation thereto; licenses 
under enemy owned patent or copyright; 
statements by licensees; term and cancella- 
tion; suits against licensees; restraining in- 
fringements; powers of attorney; keeping 
secret inventions 430 

11. Importations prohibited 433 

12. Property transferred to Alien Property Custo- 

dian 434 



XVI 



Texts of statutes delegating power in time of war or emergency— Continued 
United States Code, Title 60, Appendix — War, etc. — Continued 
50 U.S. C. App. 14. Same; refusal of clearance; reports of gold or P a je 

silver coin in cargoes for export ~- 436 

19. Print, newspaper, or publication in foreign 

languages 436 

32. Return of property 438 

38. Shipment of relief supplies; definitions 443 

40. Intercustodial conflicts involving enemy prop- 
erty; authority of President to conclude; dele- 
gation of authority 444 

785. Effective date of sections 781 to 785 444 

1211. Congressional declaration of policy 445 

1213. Definitions __ 446 

1216. Exemptions _ - 447 

1622. Disposal to local governments and nonprofit 

institutions — 453 

1742. Price adjustment on prior sales to citizens 457 

1744. Composition of national defense reserve fleet; 

vessels available to State marine schools 460 

1878e. Extension of loan to France; availability of 
vessels to European, Latin America, and 
Far Eastern nations; pool of vessels; rules 

and regulations _ __ 460 

1878s. Loans of naval vessels to friendly foreign 

nations from Reserve Fleet 462 

1878vv. Five-year period limitation on loans; discre- 
tionary extension ; acts of warfare by 

recipient country, early termination 462 

2005. Prisoners of war___.^_ 463 

2071. Priority in contracts and orders 468 

2072. Hoarding of designated scarce materials 470 

2073. Penalties r _ 471 

2093. Purchase of raw materials and installation of 

equipment , 471 

2151. Small business 473 

2152. Definitions 475 

2 1 53. Delegation of authority ; creation of new 

agencies; appointment and. compensation of 
officers and personnel; State representation 
in regional offices „ 476 

2154. Rules, regulations, and orders 476 

2155. Investigations; records; reports; subpenas; right 

to counsel 477 

2157. Liability for compliance with invalid regulations ; 

discrimination against orders or contracts' 
affected by priorities or allocations 479 

2158. Voluntary agreements and programs ^exempt ions 

from antitrust laws and Federal Trade Com- 
mission Act; surveys and reports to Congress- 
termination ' 

2159. Exemption from Administrative Procedure Act ; 

statements in rules, regulations, and orders as 

to consultation with industry representatives 4gn 

2160. Employment of personnel; appointment policies - 

nucleus executive reserve; use of confidential 
information by employees; printing and dis- 
tribution of reports __ __ 4R . 

2161. Appropriations authorized; availability of funds 4R4 

2162. Joint Committee on Defense Production. _'_ 40- 

2163. Territorial application of act _ Jo~ 

2166. Termination of Act _ _ J«i 

2291. Sections 2291 to 2297 of this appendix effective 

only during civil defense emergency; proc- 
lamation of emergency; termination 4gg 



XVII 



Page 

50U.S.C.App. 2292. Utilization of Federal departments and agencies. 490 

2293. Emergency powers of Administrator 491 

2294. Government immune from liability for death or 

personal injury to employees; benefits em- 
ployees entitled to __ 492 

2295. Waiver of Administrative Procedure Act 492 

2297. Termination of sections 2291 to 2297 of this 

appendix 492 

2401. Congressional findings 493 

2402. Congressional declaration of policy 493 

2403. Authority to effectuate policy 494 

2404. Consultations for determination of controls; 

standards or criteria established 496 

2405. Violations and penalties 496 

2406. Enforcement 497 

2407. Exemption from administrative procedure and 

judicial review provisions 498 

2408. Information to exporters 499 

2409. Quarterly reports 499 

2410. Definitions.- 499 

2411. Effects on other acts 500 

2412. Effective date 500 

2413. Termination date 500 

Public Laws: . 

68th Cong., Public Law 438 — 43 Stat. 959-60... 501 

479—43 Stat. 984-5 502 

568—43 Stat. 1129 504 

69th Cong., Public Law 99—44 Stat. 241 505 

314— 44 Stat. 677. 505 

71st Cong., Public Law 222—46 Stat. 329-32 506 

280—46 Stat. 479 506 

72d Cong., Public Law 382 — 47 Stat. 1367-8.. _ _ 507 

74th Cong., Public Law 598 — 49 Stat. 1278 508 

624 — 49 Stat. 1387 509 

704—49 Stat. 1535-6 510 

730 — 49 Stat. 1557-8 510 

75th Cong., Public Law 316—50 Stat. 696 511 

689—52 Stat. 833-4 512 

79th Cong., Public Law 465—60 Stat. 332 513 

80th Cong., Public Law 885—62 Stat. 1229-30 514 

81st Cong., Public Law 97— 63 Stat. 169-70 __ 515 

593—64 Stat. 310-11 516 

755—64 Stat. 591-2 517 

82d Cong., Public Law 222— 65 Stat. 658 519 

377—66 Stat. 128-9 520 

559—66 Stat. 727-8 520 

83d Cong., Public Law 39— 67 Stat. 38. 521 

56—67 Stat. 54... 522 

92—67 Stat. 120 523 

169—67 Stat. 244 523 

315— 68 Stat. 32 524 

327—68 Stat. 51 525 

386—68 Stat. 171 527 

493— 68 Stat. 474-7 528 

534 — 68 Stat. 535 529 

556 — 68 Stat. 586 530 

711— 68 Stat. 974-5 531 

712— 68 Stat. 975-6 532 

713— 68 Stat. 977-8 533 

716 — 68 Stat. 980-2 534 

84th Cong., Public Law 49— 69 Stat. 68-70 535 

50— 69 Stat. 70-1 536 

52—69 Stat. 79 538 

77—69 Stat. 138-9 538 

142—69 Stat. 293-4 540 

156— 69 Stat. 300-1 541 



XVIII 



Texts of statutes delegating power in time of war or emergency— Continued 

Public Laws — Continued T ^A2 

84th Cong., Public Law 301—69 Stat. 592-3 VJ, 

410—70 Stat. 17-8 *JJ 

413—70 Stat. 21-3 

428—70 Stat. 35-6- *}i 

521— 70 Stat. 156 - fj° 

598—70 Stat. 296 2Vt 

616— 70 Stat. 335-6 »49 

618—70 Stat. 336-7.- 550 

706— 70 Stat. 536-7 550 

719— 70 Stat. 550-1 551 

729—70 Stat. 577 - - 552 

740—70 Stat. 590 - - - 55d 

819—70 Stat. 698 554 

872— 70 Stat. 793 55o 

85th Cong., Public Law 46—71 Stat. 46-8 556 

157— 71 Stat. 391 557 

185—71 Stat. 467 558 

204— 71 Stat. 478-9 559 

205— 71 Stat- 479-80- - , 560 

236—71 Stat. 516-7 561 

258—71 Stat. 580-3 562 

260—71 Stat. 584-7. 563 

545—72 Stat. 401 ' 564 

548—72 Stat. 403-4 565 

799—72 Stat. 965 566 

86th Cong., Public Law 323—73 Stat. 594-5 567 

473—74 Stat. 143 568 

602—74 Stat. 355-6 570 

611—74 Stat. 369-71 571 

87th Cong., Public Law 328—75 Stat. 688 572 

654—76 Stat. 530 573 

733—76 Stat. 697 574 

794—76 Stat. 877 575 

88th Cong., Public Law 228— 776tat..470-l 576 

89th Cong., Public Law 188— 79 Stat. 793 577 

257—79 Stat. 982 578 

568—80 Stat. 739 579 

91st Cong., Public Law 142—83 Stat. 293 580 

202— 84 Stat. 20 581 

92d Cong., Public Law 145—85 Stat. 394 582 

'Citation of statutes in accordance to committee jurisdiction: 
Standing Committees: 

Agriculture and Forestry 585 

Armed Services 5S5 

Banking, Housing and Urban Affairs 5S6 

Commerce 586 

District of Columbia 5S7 

Finance 5S7 

Foreign Relations 5S7 

Government Operations 5S7 

Interior and Insular Affairs 

The Judiciary 5K8 

Labor and Public Welfare 5SS 

Post Office and Civil Service ;>S8 

Public Works 589 

Rules and Administration 

Veterans' Affairs 5S9 

Joint Committee on Atomic Energy 589 



APPENDIX 



Tables: 

1. Provisions of the United States Code that refer to Truman Emer- Paee 

gency Proclamation eo nomine or by date 591 

2. Provisions of the United States Code that refer to Presidential 

declaration or proclamation of national emergency that may be 
affected by termination of Truman Emergency Proclamation 591 

3. Provisions of the United States Code that empower the President 

to declare a national emergency (the President alone or the 
President or the Congress in the alternative) or refer to a presi- 
dentially declared emergency 591 

4. Provisions of the United States Code that provide for a congressional 

declaration of national emergency (the Congress alone or the 
Congress or the President in the alternative) or refer to a congres- 
sionally declared emergency 592 

5. Provisions of the United States Code that refer to a declaration of 

national emergency without reference to any declarant 592 

6. Provisions of the United States Code that specify emergency author- 

ity applicable in "time of war" or "during a war" 593 

7. Provisions of the United States Code that refer to a state of war or 

war declared by the Congress 593 

Proclamations of national emergency still in effect: 

Excerpt from Public Law 1, 73d Cong., 1st Sess. (1933) 594 

Proclamation No. 2914, Dec. 16, 1950 594 

Proclamation No. 3972, Mar. 23, 1970 596 

Proclamation No. 4074, Aug. 15, 1971 597 

Subject index 598 

(XII) 



93d Congress ) SENATE ( Report 

1st Session J j n 0 _ 93-549 



EMERGENCY POWERS STATUTES: 
Provisions of Federal Law 
Now in Effect Delegating to the 
Executive Extraordinary Authority 
in Time of National Emergency 



November 19, 1973. — Ordered to be printed 



Mr. Mathias (for Mr. Church) as co-chairman of the Special 
Committee on the Termination of the National Emergency, sub- 
mitted the following 

REPORT 

[Pursuant to S. Res. 9, 93d Cong.] 



INTRODUCTION 



A — A Brief Historical Sketch of the Origins 
of Emergency Powers Now in Force 

_ A majority of the people of the United States have lived all of their 
lives under emergency rule. For 40 years, freedoms and governmental 
procedures guaranteed by the Constitution have, in varying degrees, 
been abridged by laws brought into force by states of national 
emergency. The problem of how a constitutional democracy reacts to 
great crises, however, far antedates the Great Depression. As a philo- 
sophical issue, its origins reach back to the Greek city-states and the 
Roman Republic. And, in the United States, actions taken by the Gov- 
ernment in times of great crises have — from, at least, the Civil War — 
in important ways shaped the present phenomenon of a permanent 
state of national emergency. 

American political theory of emergency government was derived 
and enlarged from John Locke, the English political-philosopher 
whose thought influenced the authors of the Constitution. Locke 
argued that the threat of national crisis — unforeseen, sudden, and 
potentially catastrophic — required the creation of broad executive 



(l) 



2 

emergency powers to be exercised by the Chief Executive in situ- 
ations where the legislative authority had not provided a means or 
procedure of remedy. Referring to emergency power in the 14th chap- 
ter of his Second Treatise on Civil Government as "prerogative," 
Locke suggested that it : 

. . . should be left to the discretion of him that has the 
executive power . . . since in some governments the lawmaking 
power is not always in being and is usually too numerous, 
and so too slow for the dispatch requisite to executions, and 
because, also it is impossible to foresee and so by laws to 
provide for all accidents and necessities that may concern the 
public, or make such laws as will do no harm, if they are exe- 
cuted with an inflexible rigour on all occasions and upon all 
persons that may come in their way, therefore there is a lati- 
tude left to the executive power to do many things of choice 
which the laws do not prescribe. 

To what extent the Founding Fathers adhered to this view of the 
executive role in emergencies is a much disputed issue. Whatever their 
conceptions of this role, its development in practice has been based 
largely on the manner in which individual President's have viewed 
their office and its functions. Presidents Theodore Roosevelt and Wil- 
liam Howard Taft argued the proper role of the President and, 
perhaps, their debate best expounds diametrically opposed philoso- 
phies of the presidency. In his Autobiography, Roosevelt asserted his 
"stewardship theory." 

My view was that every Executive officer . . . was a steward 
of the people bound actively and affirmatively to do all he 
could for the people and not to content himself with the nega- 
tive merit of keeping his talents undamaged in a napkin . . . 
My belief was that it was not only [the President's] right but 
his duty to do anything that the needs of the Nation de- 
manded unless such action was forbidden by the Constitution 
or by the laws. Under this interpretation of executive power 
I did and caused to be done many things not previously done 
by the President and the heads of departments. I did not 
usurp power but I did greatly broaden the use of executive 
power. In other words, I acted for the common well being of 
all our people whenever and whatever measure was necessary, 
unless prevented by direct constitutional or legislative 
prohibition. 

Roosevelt compared this principle of "stewardship" to what he 
called the Jackson-Lincoln theory, and contrasted it to the theory 
ascribed to William Howard Taft. 

Roosevelt's ideas on the ambit of presidential authority and re- 
sponsibility were vigorously disputed by Taft. In lectures on the presi- 
dency — delivered at Columbia University in 1915-1916 Taft re- 
sponded that: ". . . the wide field of action that this would give to 
the Executive one can hardly limit. A President can exercise no power 
which cannot fairly and reasonably be traced to some specific grant of 
power." And he cautioned that: ". . . such specific grants must be 



3 



either in the Federal Constitution, or in any Act of Congress passed in 
pursuance thereof. There is no undefined residuum of power which he 
can exercise because it seems to him to be in the public interest." 

In recent years, most scholars have interpreted the Roosevelt-Taft 
dispute in Roosevelt's favor. In the prevailing academic view, Roose- 
velt is described as "active," "expansionist," and "strong." The his- 
torical reality, in fact, does not afford such a sharp distinction either 
between the actions of these two Presidents, or between their analysis 
of the problem of emergency powers. Taft, in his concluding remarks 
to his Columbia lectures, said : "Executive power is limited, so far as it 
is possible to limit such a power consistent with that discretion and 
promptness of action that are essential to preserve the interests of the 
public in times of emergency or legislative neglect or inaction." Thus,, 
even Taft was disposed to employ emergency power when the need 
arose, but, he did not wish to go beyond his own narrower, conserva- 
tive conception of what was meant by constitutional and legal bounds. 
Thus, the dispute was over where those bounds lay, rather than the 
nature of the office itself. 

Taft's successor, Woodrow Wilson, was no less zealous in observing 
what he thought the Constitution demanded. Faced with the exigen- 
cies of World War I, Wilson found it necessary to expand executive 
emergency powers enormously. In many respects, this expansion of 
powers in wartime was based on precedents set by Lincoln decades 
earlier. Unlike Lincoln, however, Wilson relied heavily on Congress 
for official delegations of authority no matter how broadly these might 
be. 

Wilson's exercise of power in the First World War provided a model 
for future Presidents and their advisors. During the preparedeness 
period of 1915-1916, the submarine crisis in the opening months of 
1917, and the period of direct involvement of U.S. armed forces from 
April 1917 to November 1918, Wilson utilized powers as sweeping as- 
Lincoln's. Because governmental agencies were more highly organized 
and their jurisdictions wider, presidential powers were considerably 
more effective than ever before. Yet, perhaps, because of Wilson's 
scrupulous attention to obtaining prior congressional concurrence, 
there was only one significant congressional challenge to Wilson's war- 
time measures. 

That challenge came in February-March 1917, following the sever- 
ance of diplomatic relations with Germany. A group of Senators suc- 
cessfully filibustered a bill authorizing the arming of American mer- 
chant ships. In response — records American historian Frank Freidel 
in his book Roosevelt: the Apprenticeship — Assistant Secretary of the 
Navy Franklin D. Roosevelt found an old statute under which the 
President could proceed without fresh authorization from Congress. 
Roosevelt, impatient for action, was irritated because Wilson waited a 
few days before implementing the statute. 

Lincoln had drawn most heavily upon his power as Commander- 
in-Chief; Wilson exercised emergency power on the basis of old 
statutes and sweeping new legislation — thus drawing on congres- 
sional delegation as a source of authority. The most significant 
Wilsonian innovations were economic, including a wide array of de- 
fense and war agencies, modeled to some extent upon British wartime 



4 



precedents. In August 1916 iust prior to United States entry into the 
war, Congress at Wilson's behest established a Council of National 
Defense — primarily advisory. In 1917, a "War Industries Board, also 
relatively weak, began operating. The ineffectiveness of the economic 
mobilization led Republicans in Congress — in the winter of 1917- 
1918 — to demand a coalition War Cabinet similar to that in England. 
Wilson forestalled Congress by proposing legislation delegating him 
almost total economic power and, even before legislative approval, 
authorized the War Industries Board to exercise extensive powers. 
Subsequently Congress enacted Wilson's measure, the Overman Act, 
in April 1918. Other legislation extended the economic authority of 
the Government in numerous directions. 

Following the Allied victory, Wilson relinquished his wartime au- 
thority and asked Congress to repeal the emergency statutes, enacted 
to fignt more effectively the war. Only a food-control measure and the 
1917 Trading With the Enemy Act were retained. This procedure of 
terminating emergency powers when the particular emergency itself 
has, in fact, ended has not been consistently followed by his successors. 

The next major development in the use of executive emergency 
powers came under Franklin D. Roosevelt. The Great Depression had 
already overtaken the country by the time of Roosevelt's inauguration 
and confronted him with a totally different crisis. This emergency, 
unlike those of the past, presented a nonmilitary threat. The Roose- 
velt administration, however, conceived the economic crisis to be a ca- 
lamity equally as great as a war and employed the metaphor of war to 
emphasize the depression's severity. In his inaugural address, Roose- 
velt said : "I shall ask the Congress for the one remaining instrument 
to meet the crisis — broad executive power to wage a war against the 
emergency, as great as the power that would be given me if we were in 
fact invaded by a foreign foe." 

_ Many of the members of the Roosevelt administration, including 
F.D.R. himself, were veterans of the economic mobilization of World 
War I and drew upon their experiences to combat the new situation. 
The first New Deal agencies, indeed, bore strong resemblance to war- 
time agencies and many had the term "emergency" in their titles- 
such as the Federal Emergency Relief Administration and the Na- 
tional Emergency Council. 

In his first important official act, Roosevelt proclaimed a National 
Bank Hobday on the basis of the 1917 Trading With the Enemy 
Act— itself a wartime delegation of power. New Deal historian Wil- 
liam Ji. L/euchtenburg writes : 

When he sent his banking bill to Congress, the House re- 
w a rt ^ h T ch * e . s ,ame ardor as it had greeted 
Woodrow Wilson's war legislation. Speaker Rainev said the 
situation reminded him of the late war when "on both sides 
oi this Chamber the great war measures suggested bv the ad 
ministration were supported with practical unanimity 
loday we are engaged in another war, more serious even in its" 
character and presenting greater dangers to the Republic " 
After only 38 minutes debate, the House passed the adminis- 
tration's banking bill, sight unseen. 



5 



The Trading With the Enemy Act had, however, been specifically 
designed by its originators to meet only wartime exigencies. By employ- 
ing it to meet the demands of the depression, Roosevelt greatly extended 
the concept of "emergencies" to which expansion of executive powers 
might be applied. And in so doing, he established a pattern that was 
followed frequently: In time of crisis the President should utilize 
any statutory authority readily at hand, regardless of its original 
purposes, with the firm expectation of ex post facto congressional 
concurrence. 

Beginning with F.D.R., then, extensive use of delegated powers 
exercised under an aura of crisis has become a dominant aspect of 
the presidency. Concomitant with this development has been a de- 
meaning of the significance of "emergency." It became a term used to 
evoke public and congressional approbation, often bearing little actual 
relation to events. Roosevelt brain-truster, Rexford G. Tugwell, has 
described the manner in which Roosevelt used declarations of different 
degrees of emergency : 

The "limited emergency" was a creature of Roosevelt's 
imagination, used to make it seem that he was doing less 
than he was. He did not want to create any more furor 
than was necessary. The qualifying adjective had no limit- 
ing force. It was purely for public effect. But the finding that 
an emergency existed opened a whole armory of powers 
to the Commander-in-Chief, far more than Wilson had had. 

Roosevelt and his successor, Harry S. Truman, invoked formal 
states of emergency to justify extensive delegations of authority dur- 
ing actual times of war. The Korean war, however, by the fact of its 
never having been officially declared a "war" as such by Congress, 
further diluted the concept of what constituted circumstances suffi- 
ciently critical to warrant the delegation of extraordinary authority 
to the President. 

At the end of the Korean war, moreover, the official state of emer- 
gency was not terminated. It is not yet terminated. This may be pri- 
marily attributed to the continuance of the Cold War atmosphere 
which, until recent years, made the imminent threat of hostilities an 
accepted fact of everyday life, with "emergency" the normal state of 
affairs. In this, what is for all practical purposes, permanent state of 
emergency, Presidents have exercised numerous powers — most notably 
under the Trading With the Enemy Act — legitimated by that on- 
going state of national emergency. Hundreds of others have lain 
fallow, there to be exercised at any time, requiring only an order 
from the President. 

Besides the 1933 1 and Korean war emergencies, 2 two other states 
of declared national emergency remain in existence. On March 23, 
1970, confronted by a strike of Postal Service employees, President 
Nixon declared a national emergency. 3 The following year, on August 



1 See Appendix. D. M*. 

' ma. 

' Ibid, p. 596. 



6 



15, 1971, Nixon proclaimed another emergency, 1 under which he im- 
posed stringent import controls in order to meet an international 
monetary crisis. Because of its general language, however, that procla- 
mation could serve as sufficient authority to use a substantial propor- 
tion of all the emergency statutes now on the books. 

Over the course of at least the last 40 years, then, Presidents have 
had available an enormous — seemingly expanding and never-ending — 
range of emergency powers. Indeed, at their fullest extent and during 
the height of a crisis, these "prerogative" powers appear to be virtu- 
ally unlimited, confirming Locke's perceptions. Because Congress and 
the public are unaware of the extent of emergency powers, there has 
never been any notable congressional or public objection made to this 
state of affairs. Nor have the courts imposed significant limitations. 

During the New Deal, the Supreme Court initially struck down 
much of Roosevelt's emergency economic legislation (Schechter v. 
United States, 295 U.S. 495). However, political pressures, a change 
in personnel, and presidential threats of court-packing, soon altered 
this course of decisions (NLRB v. Jones & Laughlin Steel Corp., 
301 U.S. 1). Since 1937, the Court has been extremely reluctant to in- 
validate any congressional delegation of economic powers to the Pres- 
ident. It appears that this will not change in the foreseeable future. 

In a significant case directly confronting the issue of wartime emer- 
gency powers, Youngstown Sheet & Tube Co. v. Sawyer (343 U.S. 
579), the Court refused to allow the President to rely upon implied 
constitutional powers during a crisis. The action at issue involved 
presidential seizure of steel plants in a manner apparently directly at 
odds with congressional policy. Justice Black's plurality opinion spe- 
cifically acknowledges that if Congress delegates powers to the Presi- 
dent for use during an emergency, those powers are absolutely valid 
within constitutional restraints on Congress' own power to do so. Con- 
curring opinions appear to agree on this point. It should be noted, 
therefore, that all statutes in this compilation are precisely these kinds 
of snecific congressional delegations of power. 

The 2.000-year-old problem of how a legislative body in a demo- 
cratic republic may extend extraordinary powers for use by the execu- 
tive during times of great crisis and dire emergencv— but do so in 
ways assuring both that such necessary powers will be terminated im- 
mediately when the emergency has ended and that normal processes 
will be resumed — has not yet been resolved in this country. Too 
few are aware of the existence of emergency powers and their extent, 
and the problem has never been squarely faced. 

B — Summary Views T7 TK Presf/vt Status 
op Emergency Powers Statutes 

A review of the laws passed since the first state of national 
emergency was declared in 1933, reveals a consistent pattern of law- 
making. It is a pattern showing that the Congress, through its own 
actions, transferred awesome magnitudes of power to the executive 
ostensibly to meet the problems of governing effectively in times of 
great crisis. Since 1933, Congress has passed or recodified over 470 
significant statutes delegating to the President powers that had been 



i TMd., u. 597. 



7 



the prerogative and responsibility of the Congress since the beginning 
of the Republic. No charge can be sustained that the Executive branch 
has usurped powers belonging to the Legislative branch; on the con- 
trary, the transfer of power nas been in accord with due process of 
normal legislative procedures. 

It is fortunate that at this time that, when the fears and tensions of 
the cold war are giving way to relative peace and detente is now na- 
tional policy, Congress can assess the nature, quality, and effect of 
what has become known as emergency powers legislation. Emergency 
powers make up a relatively small but important body of statutes — 
some 470 significant provisions of law out of the total of tens of thou- 
sands that have been passed or recodified since 1933. But emergency 
powers laws are of such significance to civil liberties, to the operation 
of domestic and foreign commerce, and the general functioning of the 
U.S. Government, that, in microcosm, they reflect dominant trends in 
the political, economic, and judicial life in the United States. 

A number of conclusions can be drawn from the Special Commit- 
tee's study and analysis of emergency powers laws now in effect. Con- 
gress has in most important respects, except for the final action of floor 
debate and the formal passage of bills, permitted the Executive 
branch to draft and in large measure to "make the laws." This has 
occurred despite the constitutional responsibility conferred on Con- 
gress by Article I Section 8 of the Constitution which states that it 
is Congress that "makes all Laws . . ." 

Most of the statutes pertaining to emergency powers were passed 
in times of extreme crisis. Bills drafted in the Executive branch were 
sent to Congress by the President and, in the case of the most 
significant laws that are on the books, were approved with only the 
most perfunctory committee review and virtually no consideration of 
their effect on civil liberties or the delicate structure of the U.S. Gov- 
ernment of divided powers. For example, the economic measures that 
were passed in 1933 pursuant to the proclamation of March 5, 1933, 
by President Roosevelt, asserting that a state of national emergency 
now existed, were enacted in the most turbulent circumstances. There 
was a total of only 8 hours of debate in both houses. There were no 
committee reports; indeed, only one copy of the bill was available 
on the floor. 

This pattern of hasty and inadequate consideration was repeated 
•during World War II when another group of laws with vitally sig- 
nificant and far reaching implications was passed. It was repeated dur- 
ing the Korean war and, again, in most recent memory, during the 
debate on the Tonkin Gulf Resolution passed on August 6, 1964. 

On occasion, legislative history shows that during the limited de- 
bates that did take place, a few, but very few, objections were raised by 
Senators and Congressmen that expressed serious concerns about the 
lack of provision for congressional oversight. Their speeches raised 
great doubts about the wisdom of giving such open-ended au- 
thority to the President, with no practical procedural means to with- 
draw that authority once the time of emergency had passed. 

For example, one of the very first provisions passed in 1933 was 
the Emergency Banking Act based upon Section 5(b) of the Trad- 
ing With the Enemy Act of 1917. The provisions gave to President 
Roosevelt, with the full approval of the Congress, the authority 



8 



to control major aspects of the economy, an authority which had 
formerly been reserved to the Congress. A portion of that provision, 
still in force, is quoted here to illustrate the kind of open-ended au- 
thority Congress has given to the President during the past 40 years: 

(b) (1) During the time of war or during any other period 
of national emergency declared by the President, the Presi- 
dent may, through any agency that he may designate, or 
otherwise, and under such rules and regulations as he may 
prescribe, by means of instructions, licenses, or otherwise — 

(A) investigate, regulate, or prohibit, any transac- 
tions in foreign exchange, transfers of credit or payments 
between, by 2 through, or to any banking institution, and 
the importing, exporting, hoarding, melting, or ear- 
marking of gold or silver coin or bullion, currency or 
securities, and 

(B) investigate, regulate, direct and compel, nullify, 
void, prevent or prohibit, any acquisition, holding, with- 
holding, use, transfer, withdrawal, transportation, im- 
portation or exportation of, or dealing in, or exercising 
any right, power, or privilege with respect to, or trans- 
actions involving, any property in which any foreign 
country or a national thereof has any interest. 

by any person, or with respect to any property, subject to the 
jurisdiction of the United States ; and any property or inter- 
est of any foreign country or national thereof shall vest, 
when, as, and upon the terms, directed by the President, in 
such agency or person as may be designated from time to time 
by the President, and upon such terms anfl conditions as the 
President may prescribe such interest or property shall be 
held, used, administered, liquidated, sold, or otherwise dealt 
with in the interest of and for the benefit o.f the United States, 
and such designated agency or person may perform any and 
all acts incident to the accomplishment or furtherance of these 
purposes ; and the President shall, in the manner hereinabove 
provided, require any person to keep a full record of, and to 
furnish under oath, in the form of reports or otherwise, com- 
plete information relative to any act or transaction referred 
to in this subdivision either before, during, or after the com- 
pletion thereof, or relative to any interest in foreign property, 
or relative to any property in which any foreign country or 
any national thereof has or has had any interest, or as may 
be otherwise necessary to enforce the provisions of this sub- 
division, and in any case in which a report could be required, 
the President may, in the manner hereinabove provided re- 
quire the production, or if necessary to the national security 
or defense, the seizure, of any books of account, records, con- 
tracts, letters, memoranda, or other papers, in the custodv or 
control of such person ; and the President may, in the manner 
hereinabove provided, take other and further measures not 
inconsistent herewith for the enforcement of this subdivision 
(2) Any payment, conveyance, transfer, assignment, or 
delivery of pronertv or interest therein, made to or for the 
account of the United States, or as otherwise directed, pur- 
suant to this subdivision or any rule, regulation, instruction 



9 



or direction issued hereunder shall to the extent thereof be a 
full acquittance and discharge for all purposes of the obliga- 
tion of the person making the same; and no person shall be 
held liable in any court tor or in respect to anything done 
or omitted in good faith in connection with the administra- 
tion of, or in pursuance of and in reliance on, this subdivision, 
or any rule, regulation, instruction, or direction issued here- 
under. 

To cite two further examples : 

In the context of the war powers issue and the long debate of the 
past decade over national commitments, 10 U.S.C. 712 is of importance : 

10 U.S.C. 712. Foreign governments : detail to assist. 

(a) Upon the application of the country concerned, the 
President, whenever he considers it in the public interest, may 
detail members of the Army, Navy, Air Force, and Marine 
Corps to assist in military matters — 

(1) any republic in North America, Central America, or 
South America ; 

(2) the Republic of Cuba, Haiti, or Santo Domingo and 

(3) during a war or a declared national emergency, any 
other country that he considers it advisable to assist in the 
interest of national defense. 

(b) Subject to the prior approval of the Secretary of the 
military department concerned, a member detailed under this 
section may accept any office from the country to which he is 
detailed. He is entitled to credit for all service while so de- 
tailed, as if serving with the armed forces of the United 
States. Arrangements may be made by the President, with 
countries to which such members are detailed to perform 
functions under this section, for reimbursement to the United 
States or other sharing of the cost of performing such func- 
tions. 

The Defense Department, in answer to inquiries by the Special 
Committee concerning this provision, has stated that it has only been 
used with regard to Latin America, and interprets its applicability 
as being limited to noncombatant advisers. However, the language of 
Section 712 is wide open to other interpretations. It could be con- 
strued as a way of extending considerable military assistance to any 
foreign country. Since Congress has delegated this power, arguments 
could be made against the need for further congressional concurrence 
in a time of national emergency. 

The repeal of almost all of the Emergency Detention Act of 1950 
was a constructive and necessary step, but the following provision 
remains : 

18 U.S.C. 1383. Restrictions in military areas and zones. 

Whoever, contrary to the restrictions applicable thereto, 
enters, remains in, leaves, or commits any act in any military 
area or military zone prescribed under the authority of an 
Executive order of the President, by the Secretary of the 
Army, or by any military commander designated by the Sec- 
retary of the Army, shall, if it appears that he knew or 



10 



should have known of the existence and extent of the res * r1 ^" 
tions or order and that his act was in violation thereof, be 
fined not more than $5,000 or imprisoned not more than one 
year, or both. 

18 U.S.C. 1383 does not appear on its face to be an emergency power. 
It was used as the basis for internment of Japanese-Americans in 
World War II. Although it seems to be cast as a permanent power, the 
legislative history of the section shows that the statute was intended 
as a World War II emergency power only, and was not to apply in 
"normal" peacetime circumstances. Two years ago, the Emergency 
Detention Act was repealed, yet 18 U.S.C. 1383 has almost the same 
effect. 

Another pertinent question among many, that the Special Com- 
mittee's work has revealed, concerns the statutory authority for do- 
mestic surveillance by the FBI. According to some experts, the author- 
ity for domestic surveillance appears to be based upon an Executive 
Order issued by President Roosevelt during an emergency period. If 
it is correct that no firm statutory authority exists, then it is reason- 
able to suggest that the appropriate committees enact proper statutory 
authority for the FBI with adequate provision for oversight by 
Congress. 

What these examples suggest and what the magnitude of emergency 
powers affirm is that most of these laws do not provide for con- 
gressional oversight or termination. There are two reasons which can 
be adduced as to why this is so. First, few, if any, foresaw that the 
temporary states of emergency declared in 1933, 1939, 1941, 1950, 1970, 
and 1971 would become what are now regarded collectively as virtually 
permanent states of emergency (the 1939 and 1941 emergencies were 
terminated in 1952). Forty years can, in no way, be denned as a tem- 
porary emergency. Second, the various administrations who drafted 
these laws for a variety of reasons were understandably not concerned 
about providing for congressional review, oversight, or termination 
of these delegated powers which gave the President enormous powers 
and flexibility to use those powers. 

The intense anxiety and sense of crisis was contained in the rhetoric 
of Truman's 1950 proclamation : 

Whereas recent events in Korea and elsewhere constitute a 
grave threat to the peace of the world and imperil the efforts 
of this country and those of the United Nations to prevent 
aggression and armed conflict ; and 

Whereas world conquest by communist imperialism is 
the goal of the forces of aggression that have been loosed 
upon the world ; and 

Whereas, if the goal of communist imperialism were to 
be achieved, the people of this country would no longer eniov 
the full and rich life they have with God's help built for 
themselves and their children; they would no longer eniov 
the blessings of the freedom of worshipping as they sevenillv 
choose, the freedom of reading and listening to what thev 
choose, the right of free speech, including the right to criti 
cize their Government, the right to choose those who con 



11 



duct their Government, the right to engage freely in collec- 
tive bargaining, the right to engage freely in their own busi- 
ness enterprises, and the many other freedoms and rights 
which are a part of our way of life ; and 

Whereas, the increasing menace of the forces of communist 
aggression requires that the national defense of the United 
States be strengthened as speedily as possible : 

Now, therefore, I, Harry S. Truman, President of the 
United States of America, do proclaim the existence of a na- 
tional emergency, which requires that the military, naval, 
air, and civilian defenses of this country be strengthened as 
speedily as possible to the end that we may be able to repel 
any and all threats against our national security and to ful- 
fill our responsibilities in the efforts being made through the 
United Nations and otherwise to bring about lasting peace. 

I summon all citizens to make a united effort for the se- 
curity and well-being of our beloved country and to place its 
needs foremost in thought and action that the full moral and 
material strength of the Nation may be readied for the dan- 
gers which threaten us. 

I summon our farmers, our workers in industry, and our 
businessmen to make a mighty production effort to meet the 
defense requirements of the Nation and to this end to elimi- 
nate all waste and inefficiency and to subordinate all lesser 
interests to the common good. 

I summon every person and every community to make, 
with a spirit of neighborliness, whatever sacrifices are neces- 
sary for the welfare of the Nation. 

I summon all State and local leaders and officials to coop- 
erate fully with the military and civilian defense agencies 
of the United States in the national defense program. 

I summon all citizens to be loyal to the principles upon 
which our Nation is founded, to keep faith with our friends 
and allies, and to be firm in our devotion to the peaceful pur- 
poses for which the United Nations was founded. 

I am confident that we will meet the dangers that confront 
us with courage and determination, strong in the faith that 
we can thereby "secure the Blessings of Liberty to ourselves- 
and our Posterity." 

In witness whereof, I have hereunto set my hand and 
caused the Seal of the United States of America to be affixed. 

Done at the City of Washington this 16th day of December 
(10:20 a.m.) in the year of our Lord nineteen hundred and 
fifty, and ol the Independence of the United States of Amer- 
ica the one hundred and seventy-fifth. 

Harry S. Truman. 

TSeal] 

By the President: 

Dean Acheson, 
Secretary of State- 



12 



The heightened sense of crisis of the cold war so evident in Truman s 
proclamation has fortunately eased. The legislative shortcomings 
contained in this body of laws can be corrected on the basis of rational 
study and inquiry. 

In the view of the Special Committee, an emergency does not now 
exist. Congress, therefore, should act in the near future to terminate 
officially the states of national emergency now in effect. 

At the same time, the Special Committee is of the view that it is 
essential to provide the means for the Executive to act effectively in 
an emergency. It is reasonable to have a body of laws in readiness to 
delegate to the President extraordinary powers to use in times of real 
national emergency. The portion of the concurring opinion given by 
Justice Jackson in the Youngstown Steel case with regard to emer- 
gency powers provides sound and pertinent guidelines for the main- 
tenance of such a body of emergency laws kept in readiness to be used 
in times of extreme crisis. Justice Jackson, supporting the majority 
opinion that the "President's power must stem either from an act 
of Congress or from the Constitution itself" wrote : 

The appeal, however, that we declare the existence of in- 
herent powers ex necessitate to meet an emergency asks us to 
do what many think would be wise, although it is something 
the forefathers omitted. They knew what emergencies were, 
knew the pressures they engender for authoritative action, 
knew, too, how they afford a ready pretext for usurpation. 
We may also suspect that they suspected that emergency 
powers would tend to kindle emergencies. Aside from suspen- 
sion of the privilege of the writ of habeas corpus in time of 
rebellion or invasion, when the public safety may require it, 
they made no express provision for exercise of extraordinary 
authority because of a crisis. I do not think we rightfully 
may so amend their work, and, if we could, I am not con- 
vinced it would be wise to do so, although many modern na- 
tions have forthrightly recognized that war and economic 
crises may upset the normal balance between liberty and au- 
thority. Their experience with emergency powers may not 
be irrelevant to the argument here that we should say that 
the Executive, of his own volition, can invest himself with 
undefined emergency powers. 

Germany, after the First World War, framed the Weimar 
Constitution, designed to secure her liberties in the Western 
tradition. However, the President of the Republic, without 
concurrence of the Reichstag, was empowered temporarily to 
suspend any or all individual rights if public safety and order 
were seriously disturbed or endangered. This proved a temp- 
tation to every government, whatever its shade of opinion, 
and in 13 years suspension of rights was invoked on more 
than 250 occasions. Finally, Hitler persuaded President Von 
Hindenburg to suspend all such rights, and they were never 
restored. 

The French Republic provided for a very different kind 
of emergency government known as the "state of seige." 
It differed from the German emergency dictatorship particu- 
larly in that emergency powers could not be assumed at will 



13 



by the Executive but could only be granted as a parliamen- 
tary measure. And it did not, as in Germany, result in a sus- 
pension or abrogation of law but was a legal institution gov- 
erned by special legal rules and terminable by parliamentary 
authority. 

Great Britain also has fought both World Wars under a 
sort of temporary dictatorship created by legislation. As Par- 
liament is not bound by written constitutional limitations, it 
established a crisis government simply by delegation to its 
Ministers of a larger measure than usual of its own unlimited 
power, which is exercised under its supervision by Ministers 
whom it may dismiss. This has been called the "high-water 
mark in the voluntary surrender of liberty," but, as Churchill 
put it, "Parliament stands custodian of these surrendered lib- 
erties, and its most sacred duly will be to restore them in their 
fullness when victory has crowned our exertions and our 
perseverance." Thus, parliamentary controls made emergency 
powers compatible with freedom. 

This contemporary foreign experience may be inconclu- 
sive as to the wisdom of lodging emergency powers some- 
where in a modern government. But it suggests that emer- 
gency powers are consistent with free government only when 
their control is lodged elsewhere than in the Executive who 
exercises them. That is the safeguard that would be nullified 
by our adoption of the "inherent powers" formula. Nothing in 
my experience convinces me that such risks are warranted by 
any real necessity, although such powers would, of course, be 
an executive convenience. 

In the practical working of our Government we already 
have evolved a technique within the framework of the Con- 
stitution by which normal executive powers may be consid- 
erably expanded to meet an emergency. Congress may and 
has granted extraordinary authorities which lie dormant in 
normal times but may be called into play by the Executive in 
war or upon proclamation of a national emergency. In 1939. 
upon congressional request, the Attorney General listed 
ninety-nine such separate statutory grants by Congress of 
emergency or wartime executive powers. They were invoked 
from time to time as need appeared. Under this procedure we 
retain Government by law — special, temporary law, perhaps, 
but law nonetheless. The public may know the extent and 
limitations of the powers that can be asserted, and persons 
affected may be informed from the statute of their rights and 
duties- 

In view of the ease, expedition and safety with which Con- 
gress can grant and has granted large emergency powers, 
certainly ample to embrace this crisis, I am quite unimpressed 
with the argument that we should affirm possession of them 
without statute. Such power either has no beginning or it 
has no end. If it exists, it need submit to no legal restraint. 
I am not alarmed that it would plunge us straightway into 
dictatorship, but it is at least a step in that wrong direction. 
******* 



24-509 O - 73 - 3 



14 



But I have no illusion that any decision by this Court can 
keep power in the hands of Congress if it is not wise and 
timely in meeting its problems. A crisis that challenges the 
President equally, or perhaps primarily, challenges Congress. 
If not good law, there was worldly wisdom in the maxim at- 
tributed to Napoleon that "The tools belong to the man who 
can use them." We may say that power to legislate for emer- 
gencies belongs in the hands of Congress, but only Congress 
itself can prevent power from slipping through its fingers. 

The essence of our free Government is "leave to live by no 
man's leave, underneath the law" — to be governed by those 
impersonal forces which we call law. Our Government is 
fashioned to fulfill this concept so far as humanly possible. 
The Executive, except for recommendation and veto, has no 
legislative power. The executive action we have here origi- 
nates in the individual will of the President and represents 
an exercise of authority without law. No one, perhaps not 
even the President, knows the limits of the power he may 
seek to exert in this instance and the parties affected cannot 
learn the limit of their rights. We do not know today what 
powers over labor or property would be claimed to flow from 
Government possession if we should legalize it, what rights 
to compensation would be claimed or recognized, or on what 
contingency it would end. With all its defects, delays and in- 
conveniences, men have discovered no technique for long pre- 
serving free government except that the Executive be under 
the law, and that the law be made by parliamentary 
deliberations. 

Such institutions may be destined to pass away. But it is 
the duty of the Court to be last, not first, to give them up. 
With these guidelines and against the background of experience 
of the last 40 years, the task that remains for the Special Committee 
is to determine— in close cooperation with all the Standing Commit- 
tees of the Senate and all Departments, Commissions, and Agencies 
of the Executive branch-which of the laws now in force mWbe of 
use in a future emergency. Most important, a legislative formula need* 
to be devised which will provide a regular and cLsisCt pr^urTby 
which any emergency provisions are called into force. It wiU Z 



TEXTUAL NOTE 



Compiling the Texts op Emergency Power Statutes 

Pursuant to S. Res. 9 of January 6, 1973, the U.S. Senate directed 
the Special Committee on the Termination of the National Emer- 
gency to study and investigate emergency powers legislation now in 
force. 

From the outset of its work, the Special Committee faced the prob- 
lem of determining, with reasonable accuracy, the number, nature, 
and extent of emergency statutes passed by Congress since 1933 which 
delegate extraordinary powers to the President in time of crisis or 
impending catastrophe. It was evident, initially, that existing listings 
of executive emergency powers were either out-of-date or inadequate 
for the Special Committee's purposes. It became apparent, too, that 
the United States Government has been operating under an unrelieved 
state of emergency of 40 years' duration. During this period, an enor- 
mous body of laws dealing with severe economic crisis and America's 
response to three wars had been passed by Congress through an almost 
unnoticed process of gradual accretion. 

In the past, the only way to compile a catalog useful to Congress 
would have required going through every page of the 86 volumes of 
the Statutes-at-Large. Fortunately, the U.S. Code (1970 edition and 
one supplement) was put onto computer tapes by the United States 
Air Force in the so-called LITE System, which is located at a military 
facility in the State of Colorado. The Special Committee staff, work- 
ing in conjunction with the Justice Department, the Library of Con- 
gress, and the General Accounting Office, devised several programs 
for computer searches. These programs were based on a wide spectrum 
of key words and phrases contained in typical provisions of law 
.which delegate extraordinary powers. Examples of some trigger 
words are national emergency, "war," "national defense," "inva- 
sion," "insurrection," etc. These programs, designed to produce a com- 
puter printout of all provisions of the U.S. Code that pertain to a 
state of war or national emergency, resulted in several thousand ci- 
tations. At this point, the Special Committee staff and the staff of the 
American Law Division, Library of Congress, went through the 
printouts, separated out all those provisions of the U.S. Code most 
relevant to war or national emergency, and weeded out those provisions 
of a trivial or extremely remote nature. Two separate teams worked 
on the computer printouts and the results were put together in a third 
basic list of U.S. Code citations. 

To determine legislative intent, the U.S. Code citations were then 
hand checked against the Statutes-at-Large, the Reports of Stand- 

(1S) 



16 



ing Committees of the U.S. Senate and House of Representatives and, 
where applicable, Reports of Senate and House Conferences. 

In addition, the laws passed since the publishing of the 19 ..^SS? e 
Were checked and relevant citations were added to the master list. 1 ne 
compilation was then checked against existing official catalogs: That 
of the Department of Defense, "Digest of War and Emergency Leg- 
islation Affecting the Department of Defense" ; that of the Office of 
Emergency Planning, "Guide to the Emergency Powers Conferred 
by Laws in Effect on January 1, 1969" ; and, the 1962 House Judiciary 
Committee synopsis of emergency powers, "Provisions of Federal Law 
in Effect in Time of NationalEmergency. 

The task of compiling a catalog of emergency powers statutes, there- 
fore, has been immeasurably assisted by use of computers, but com- 
puters could not replace the need for a systematic and very laborious 
hand search of all of the volumes of the U.S. Code, the Statutes-at- 
Large, and Senate and House Reports. The following compilation is 
intended to be used as a working list of the most relevant emergency 
provisions of the law. The Special Committee cannot be certain that 
every statute that could or may be called into use during a time of war 
or national emergency is in the following compilation. However, the 
Special Committee believes that the most significant provisions are 
herein cataloged. 

The compilation is organized as follows : 

1. A summary of all the U.S. Code citations in order of their 
appearance in the Code, and specific Public Laws with the Con- 
gress and the year they were enacted. 

2. The texts of U.S. Code citations and Public Laws with ex- 
planatory notes and such material from Senate and House Reports 
which explains Congress' primary intent concerning these pro- 
visions of law. 

3. Citation of statutes in accordance to committee jurisdictions. 
The appendix contains : 

1. Seven tables that list various breakdowns of the usage of 
the United States Code. 

2. The four proclamations of national emergenoy now in effect. 

3. A subject index. 



SUMMARY OF STATUTES DELEGATING POWERS 
IN TIME OF WAR OR NATIONAL EMERGENCY 



UNITED STATES CODE 



Title 2 — The Congress 



2 U.S.C. Adjournment date for Congress is not applicable if a 
§ 198. state of war exists pursuant to a declaration of war by 

the Congress. 



Title 5 — Government Organizations and Employees 



5 U.S.C. Right to review of agency action by government era- 
§§ 701-702. ployees "except ... in time of war or in occupied ter- 
ritory." 

§ 3101. Until termination of the "national emergency pro- 

claimed by the President on December 16, 1950," heads 
of executive departments and agencies may require that 
initial appointments in the civil service be made on a 
temporary or indefinite basis. 

§ 3326. Permits the appointments of retired members of the 

Armed Forces to positions in the Department of De- 
fense when a state of national emergency exists. 

§ 5305. Provides procedures for annual pay reports and adjust- 

ments for Federal employees during a national emer- 
gency or economic conditions. 

| 5335. Relates to periodic step-increases for Federal employ- 

ees during a period of war or national emergency. 

§ 5532. Relates to exceptions to reductions in retirement pay for 

retired officers of the uniformed services because of spe- 
cial or emergency employment needs. 

§ 5564. Relates to the sale of household and personal effects of 

employees during an emergency. 

§ 8332. Under the Civil Service Retirement Act, as amended, an 

employee who, "during the period of any war, or of any 
national emergency as proclaimed by the President or 
(17) 



18 



declared by the Congress," leaves his position to 
the military service, shall not be considered as separated 
from his civilian position by reason of such military 
service, unless he shall apply for and receive a lump- 
sum benefit under the act. 



Title 7 — Agri culture 



7 U.S.C. The President may suspend quota provisions of the 
§ 1158. Sugar Act of 1947 whenever he "finds and proclaims 

that a national economic or other emergency exists" with 

respect to a sugar or liquid sugar. 

§ 1332. Relates to termination of national marketing quota for 

wheat because of a national emergency. 

§ 1371. The Secretary of Agriculture may make an investiga- 

tion to determine whether an increase or termination of 
marketing quotas in certain commodities is necessary 
because of a "national emergency." 

§ 1743. Commodity set-asides, under the Agricultural Act of 

1954, may be reduced by disposal for disaster relief pur- 
poses in the United States or to meet any national emer- 
gency declared by the President. 

§ 1903. During the period of any national emergency declared 

by the President or the Congress, the President, to the 
extent deemed by him to be necessary to meet the essen- 
tial procurement needs during such emergency, may 
modify the limitations on the procurement of livestock 
products produced or processed by any slaughterer or 
processor who slaughters or handles livestock by meth- 
ods other than methods designated and approved by the 
Secretary of Agriculture. 



Title 8 — Aliens and Nationality 



8 U.S.C. The Immigration and Nationality Act of 1952 provides 

§§ 1182, 1185, thal^- 
1481. (a.) an alien who departs from or remains out 

of the United States m order to avoid military 
training and service "in time of war or a period de- 
clared by the President to be a national emergency" 
is ineligible for admission into the United States; 
(b.) the travel of aliens to and from the United 
States may be controlled "when the United States 
is at war or during the existence of any national 
emergency proclaimed by the President"; and 



19 



(c.) a native-born or naturalized citizen shall lose 
his nationality if he departs from or remains out- 
side the jurisdiction of the United States "in time 
of war or during a period declared by the President 
to be a period of national emergency," in order to 
evade or avoid military training and service. 

) 1440. Relates to naturalization through active duty service 

"during any . . . period which the President by Execu- 
tive Order shall designate as a period . . . involving 
armed conflict with a hostile foreign force . . ." 

5 1440e. Relates to exemption from naturalization fee for aliens 

who served "during any . . . period which the Presi- 
dent by Executive Order shall designate as a period 
. . . involving armed conflict with a hostile foreign 
force." 

j 1442. Relates to exceptions from classification of alien ene- 

mies during hostilities. 



Title 10 — Abmed Forces 



10 U.S.C. "In time of war, or of emergency declared by Congress," 
§ 123. the President may suspend certain provisions of law 

relating to reserve commissioned officers of any armed 

force. 

§ 125. Relates to the functions ; powers, and duties, etc. of the 

Armed Forces during periods of hostilities or an immi- 
nent threat of hostilities. 

§ 142. Relates to appointment to Chairman of the Joint Chiefs 

of Staff "in time of war declared by Congress." 

§ 143. Relates to the tenure of the Joint Chiefs of Staff, 

"except in time of war." 

§ 262. The purpose of the reserve components is to provide 

trained units and qualified persons available for active 
duty in the armed forces "in time of war or national 
emergency." 

§ 263. Relates to presidential authorization to order Ready 

Reserve to active duty during national emergencies. 

§ 269. The provision that requires transfer to the Standby 

Reserves, of any member of a reserve component who 
is not on active duty, shall not be in effect "in time of 
war or national emergency declared by Congress." 

§ 271. Relates to regulations to be prescribed by the President 

regarding continuous screening of the Ready Reserve to 
insure "due regard to national security and military 
requirements." 



20 



§ 331. Relates to Federal aid for State governments whenever 

there is "an insurrection" in any State against its gov- 
ernment. 

§ 332. Relates to the use of militia and armed forces to enforce 

Federal authority to suppress rebellions. 

§ 333. Relates to authority of President to "take such measures 

as he considers necessary to suppress, in a State, any 
insurrection, domestic violence, unlawful combination, 
or conspiracy." 

§ 334. Relates to the President to issue a proclamation to 

disperse to insurgents to retire peaceably to their abodes 
within a limited time. 

§ 351. "During a war and at any other time when the Pres- 

ident determines that the security of the United States 
is threatened," the President may arm any watercraft 
or aircraft that is capable of being used as a means of 
transportation. 

§ 506. Relates to the extension of enlistments of the regular 

components during a "period of war." 

§ 511. Enlistments in a reserve component in effect at the be- 

§ inning of a war or of a national emergency declared 
y Congress, or entered into during such period, con- 
tinues until six months after the end of that war or 
emergency. 

§ 519. Relates to temporary enlistments "in time of war or of 

emergency declared by Congress." 

§§ 565, 599. "In time of war, or of emergency declared after May 29, 
1954, by Congress or the President," the President may 
suspend operation of any provision of law relating to 
promotion, or mandatory retirement or separation, of 
permanent regular or reserve warrant officers of any 
armed force. 

§ 671a. Relates to extension of active service in armed forces 

"for the duration of war." 

§ 671b. Relates to Presidential authority to extend active duty 

service in "the national interest."' 

§ 672. "In time of war or of national emergency declared by 

Congress," any member or unit of a reserve component 
may be ordered to active duty, without his consent, for 
the duration of such war or emergency and six months. 

§ 673. Relates to the Ready Reserve in time of a national 

emergency. 

§ 674. Units and members in the Standby Reserve may be 

ordered to active duty (other than for training) "only 
m time of war, of national emergency declared by Con- 
gress, or when otherwise authorized by law." 



21 



A member in the Retired Reserve may, if qualified, be 
ordered to active duty without his consent only "in time 
of war or of national emergency declared by Congress," 
or when otherwise authorized by law. 
If an active duty agreement of a reservist expires "dur- 
ing a war or during a national emergency declared by 
Congress or the President after January 1, 1953," the 
reservist may be kept on active duty without his consent. 
"In time of war or of national emergency declared by 
Congress or the President after January 1, 1953," a 
member of a reserve component may be released from 
active duty only upon certain conditions. 

Relates to the readjustment payment upon involuntary 
release from active duty of non-regulars in the Armed 
Forces, except in time of "war or national emergency." 

"During a war or a declared national emergency" the 
President may detail officers and enlisted men of the 
Army, Navy, Air Force, and Marine Corps to the gov- 
ernments of such other countries as he deems it in the 
interest of national defense to assist. 

§ 802, Art. 2. Relates to persons subject to provisions of military 
justice "in time of war." 

§ 843, Art. 43. Relates to the Statute of Limitations relating to court 
martial offenses in time of war. 

§ 871, Art. 71. '"In time of war or national emergency," the Secretary 
of the branch of the service concerned may commute a 
sentence of dismissal of officers to reduction to any en- 
listed grade. 

§ 1035. Relates to interest on savings deposits of members of 

the armed forces during the Vietnam conflict. For the 
purposes of this section, the Vietnam conflict ends on 
the date "designated by the President by Executive 
order." 

§ 1161. Relates to the limitations on dismissal of commissioned 

officers in "time of war." 

§§ 2231, 2233. The Secretary of Defense is authorized to acquire and 
expand facilities necessary for use of Reserve compo- 
nents in time of war or national emergency. 

§ 2235. The Secretary of Defense may not permit any use or 

disposition of facilities acquired for certain national 
defense purposes, that would interfere with its use "in 
time of war or national emergency" by other units of 
the Armed Forces or by the United States for any other 
purpose. 



§§ 675, 672. 

§679. 

§681. 

§ 687. 
§712. 



22 



§ 2236. States or Territories receiving contributions for ex P a £ _ 

sion, etc., of facilities for Reserve components ol tne 
Armed Forces, may not permit any use or disposition 
of such facility as would interfere with its use in time 
of war or national emergency." 

1 2304. Contracts for supplies and services may be negotiated 

without advertising if determined to be necessary in the 
public interest "during a national emergency declared 
. by Congress or the President." 

§ 2542. Secretaries of the military departments may, in time of 

war, lend equipment to the Red Cross for the purpose 
of aiding the Armed Services. 

§ 2602. Whenever the Presidents finds it necessary he may ac- 

cept the services of the American National Red Cross. 

§ 2604. Relates to authority of President "whenever . . . neces- 

sary to the interest of United States commitments 
abroad" to cooperate with and assist the United Sea- 
men's Service. 

§ 2632. Transportation to and from place of employment may 

be furnished, at reasonable rates, to persons employed 
in a military department "during a war or during a 
national emergency declared by Congress or the Presi- 
dent." 

§§ 2663,2664. The Secretary of a military department may "in time 
of war or when war is imminent," take and use property, 
including property for lumber production, immedi- 
ately upon the filing of petition for condemnation. 

§ 2667. Property leased to another by the Secretary of a mili- 

tary department, must be revocable by the Secretary 
"during a national emergency declared by the Presi- 
dent." 

§ 2667. Leases of real or personal property must be revocable 

"during a national emergency declared by the Presi- 
dent." 

§ 2674. Until June 30, 1962, the Secretary of a military depart- 

ment may lease housing facilities at or near military in- 
stallations for assignment as public quarters to members 
and their dependents, when there is a lack of housing 
facilities at such installations. 

§ 2733. Relates to property loss, personal injury or death inci- 

dent to noncombat activities of the Armed Forces. 

§ 2734. Relates to property loss, personal injury or death inci- 

dent to noncombat activities of the armed forces in 
foreign countries. 

§ 3031. Limitations on the number of officers of the Army 

assigned to permanent duty in the executive office of the 
Department of the Army not to apply "in time of war 



23 



or of national emergency declared by Congress, or when- 
ever the President finds that it is in the national inter- 
est" to increase the number so assigned. 

§ 3034. Relates to Presidential appointment of the Chief of 

Staff "in time of war or national emergency." 

§ 3062. The organized peace establishment of the Army consists 

of all organizations and units necessary to form the 
basis for a complete and immediate mobilization for the 
national defense "in the event of a national emergency." 

§ 3063. The Secretary of the Army may discontinue or consoli- 

date basic branches of the Army for the "duration of 
any war, or of any national emergency declared by 
Congress." 

§ 3201. Restrictions on the authorized personnel strength of any 

component of the Armed Forces are suspended until 
July 1, 1963. 

§ 3202. "In time of war, or of national emergency declared after 

May 5, 1954, by Congress or the President," the Presi- 
dent may suspend the provisions of law relating to of- 
ficers in certain commissioned grades in the Army. 

§ 3313. "In time of war or of emergency declared by Congress 

or the President," the President may suspend the opera- 
tion of any provision of law relating to promotion, or 
mandatory retirement or separation, of commissioned 
officers of the Regular Army. 

§ 3444. "In time of emergency declared by Congress or the 

President, and in time of war," the President may 
appoint any qualified person in any temporary com- 
missioned grade. 

§ 3445. "In time of war or of national emergency declared by 

the President," a Regular officer or Reserve warrant 
officer may be appointed to a temporary grade higher 
than his Regular or Reserve grade without vacating 
that grade. 

§§ 3500, 8500. The President may call into the Federal Service mem- 
bers and units of the National Guard of the States, etc., 
whenever "the United States ... is invaded or is in 
danger of invasion by a foreign nation." 

§ 3741. Relates to the medal of honor during service during an 

armed conflict. 

§ 3742. Relates to Presidential award of the distinguished serv- 

ice cross to persons "while engaged in military opera- 
tions involving conflict with an opposing foreign 
force." 

§3746. Relates to the presentation of the silver star during 

service during an armed conflict. 



24 

§ 3750. Relates to the presentation of soldier's medal during 

actual conflict. 

§ 4025. The regular working hours of laborers and mechanics 

employed by the Department of the Army aunne a. 
national emergency declared by the President, shall be 
8 hours per day or 40 hours per week. 

§§ 4501,4502, "In time of war or when war is imminent" the Presi- 
9501, 9502. dent may order necessary products to be manufactured 
at private plants or take over such plants upon refusal 
to comply with such orders ; and maintain lists of plants 
capable of war production. 

§ 4742. Relates to presidential control of transportation sys- 

tems "in time of war." 

§ 4776. "If in an emergency the President considers it urgent," 

a temporary fort or fortification may be built on pri- 
vate land if the owner consents in writing. 

1 4780. Relates to the acquisition of buildings in the District of 

Columbia in time of war or when war is imminent. 

§ 5081. Relates to the reappointment of the Chief of Naval 

Operations in time of war or national emergency. 

§ 5201. Relates to appointment of Commandant of Marine 

Corps "in time of war or national emergency." 

§ 5231. "In time of war or national emergency" the limit on the 

number of officers serving in the grades of admiral and 
vice admiral shall not apply. 

§ 5232. The President may designate officers on the active list of 

the Marine Corps above the grade of lieutenant colonel 
for appropriate higher commands or the performance 
of duty of great importance and responsibility "in time 
of war or national emergency;" and during such time 
the provision restricting the number of positions in the 
grade of lieutenant general to two, shall not apply; 
such number may be increased to ten. 

§ 5234. "During a war or national emergency," the President 

may suspend certain provisions relating to distribution 
of certain high grades in the Navy and Marine Corps. 

§ 5402. The authorized strength of the Regular Marine Corps, 

excluding retired members, is 400,000, "except in time 
of war or national emergency declared by Congress 
after June 28, 1952." 

§ 5447. The limit on the number of officers not restricted in the 

performance of duty who may hold permanent appoint- 
ments on the active list in the line of the Navy in the 
grade of rear admiral shall not apply "in time of war 
or national emergency." 



25 



i 5448(e). The limit on the number of officers who may have per- 
manent appointments on the active list of the Marine 
Corps in the grades of major general and brigadier 
general shall not apply "in time of war or national 
emergency." 

§ 5448(f). The number of Marine Corps officers on the active list 
designated for supply duty Holding permanent appoint- 
ments in the grade of brigader general may not exceed 
four, "except in time of war or national emergency." 

5 5449(a). The limit on the numbers of officers who may hold 
permanent appointments on the active list of the Navy 
in certain designated corps, in the grade of rear admi- 
ral, shall not apply "in time of war or national emer- 
gency." 

] 5450. The limit on the number of retired officers of the Reg- 

ular Navy in the grade of rear admiral and above who 
may be on active duty shall not apply "in time of war 
or national emergency." 

I 5451. "During a war or national emergency," the President 

may suspend any provisions of law relating to distribu- 
tion in grade of officers of the Navy and Marine Corps. 

§ 5451 (b) . The President may suspend provisions of law relating 
to officers serving in grades above lieutenant in the Navy 
or captain in the Marine Corps "only during a war or 
national emergency declared by Congress or the Presi- 
dent after May 5, 1954." 

1 5597. Certain temporary appointments in the Navy and 

Marine Corps, provided for in U.S.C. 10 :5597, may be 
made only "in time of war or during a national emer- 
gency declared by the President." 

] 5598. "In time of national emergency declared by the Presi- 

dent or by Congress, and in time of war," temporary 
appointments may be made in any commissioned grade 
in the Naval Reserve or the Marine Corps Reserve from 
qualified persons; such appointments to be effective 
until 6 months after such war or emergency. 

} 5599. The President may increase the number of appoint- 

ments made in the Medical Corps in the Navy "in time 
of war or declared national emergency." 

} 5662. "During a war or national emergency," the President 

may suspend certain provisions of law (10 U.S.C. 
§§5651-5661) relating to running mates in the Navy. 

j 5711. "During a war or national emergency," the President 

may suspend provisions of law (10 U.S.C. §§ 5701- 
5710) relating to Navy and Marine Corps selection 
boards. 



26 



1 5785. "During a war op national emergency £ the Pj?^! 1 * 

may suspend provisions of law (10 TJ.S.G. g§ v.' 0L ~ 
5784) relating to Navy and Marine Corps promotions. 

§ 5787. Certain temporary promotions in the Navy and Marine 

Corps may be made "only in time of war or during a 
national emergency declared by the President. 

§ 5982. Relating to the detail of retired officers to command 

on ships and squadrons in time of war. 

§ 6241. Relates to the presentation of the Medal of Honor in the 

Navy while engaged in armed conflict. 

§ 6242. Relating to the presentation of the Navy Cross while 

engaged in armed conflict. 

§ 6244. Relates to Presidential award of the Silver Star medal 

to persons "engaged in military operations involving 
conflict with an opposing hostile force." 

§ 6246. Relates to the presentation of Navy and Marine Corps 

medals during a period of armed conflict* 

§ 6386(c). The President may suspend provisions of law (10U.S.C. 

§§ 6371-6385) relating to involuntary retirement, sepa- 
ration, and furlough of officers of the Navy and Marine 
Corps "during a war or national emergency." 

§6408. Relates to the limitation on dismissal of Navy and 

Marine Corps warrant officers, except in time of war. 

§ 6481. "In time of war or national emergency declared by the 

President," the Secretary of the Navy may order any 
retired officer of the Regular Navy or the Regular 
Marine Corps to active duty at sea or on shore. 

§ 6482. "In time of war or national emergency," the Secretary 

of the Navy may order to active duty any retired en- 
listed member of the Regular Navy or the Regular Ma- 
rine Corps. 

§ 6485(a). A member of the Fleet Reserve or the Fleet Marine 
Corps Reserve may be called to active duty without his 
consent "in time of war or national emergency declared 
by Congress," or "in time of national emergency de- 
clared by the President." 

§ 6486. "In time of war or national emergency declared by Con- 

gress or by the President after January 1, 1953," a 
member of the Fleet Reserve or the Fleet Marine Corps 
Reserve may be released from active duty only under 
certain conditions. 

§ 6587. Rear admirals on the retired list entitled to pay of the 

lower half and who serve satisfactorily for two years 
on active duty "in time of war or national emergency" 
in that grade or higher, are entitled to retired pay equal 
to 75 percent of pay of a rear admiral in the upper 
half. 



27 



1 6911(b). The requirement that 20 percent of the aviation cadets 
procured in each fiscal year shall be procured from 
qualified enlisted members of the Eegular Navy and 
the Eegular Marine Corps, shall not apply "in time of 
war or emergency declared by Congress. 

\ 7224. The Secretary of the Navy may authorize the trans- 

portation and subsistence of certain persons on naval 
vessels at Government expense, "in time of war or dur- 
ing a national emergency as declared by the President." 

"In time of war or during a national emergency de- 
clared by the President" persons designated by the Sec- 
retary of the Navy may be transported and subsisted on 
naval vessels at Government expense. 

§ 7722. Relates to stay of court proceedings endangering the 

security of naval operations "in time of war." 

§ 7724. Relates to the stay of proceedings for taking evidence 

before a suit is filed for damages caused by naval action 
in time of war. 

§ 7727. Relates to the duration of stay of proceedings for suits 

relating to naval damages in time of war. 

§ 8031 (c). The limit on the number of officers of the Air Force who 
may be assigned to permanent duty in the executive part 
of the Department, shall not apply in time of war or of 
national emergency declared by Congress, or "whenever 
the President finds that it is in the national interest" to 
increase the number. 

§ 8031(d). Restrictions on the tour of duty of commissioned of- 
ficers of the Air Force detailed to duty in the executive 
part of the Department shall not apply "in time of war, 
or of national emergency declared by Congress." 

§ 8034. Relates to appointment of Chief of Staff of the Air 

Force "in time of war or national emergency." 

§ 8202. "In time of war, or of national emergency declared after 

May 5, 1954, by Congress or the President," the Presi- 
dent may suspend provisions of law relating to the au- 
thorized strength of officers in the Air Force. 

§ 8212. Relates to the strength in grade, temporary increases of 

the Air Force during an emergency. 

§ 8257(d). The requirement that at least 20 percent of the aviation 
cadets designated in each fiscal year shall be selected 
from members of the Regular Air Force or the Regular 
Army who are eligible and qualified, shall not apply "in 
time of war or of emergency declared by Congress." 

8 8313 "In time of war or of emergency declared by Congress 

or the President" the President may suspend the opera- 
tion of any provision of law relating to promotion, or 
mandatory retirement or separation, of commissioned, 
officers of the Regular Air Force. 



28 



S 8395. Relates to appointment of reserve officers "in time of 

war." 

\ 8444(a). "In time of emergency declared by Congress or the Pres- 
ident, and in time of war," the President may appoint 
any qualified person in any temporary commissioned 
grade in the Air Force. 

5 8445(a). "In time of war or of national emergency declared by 
the President," a Regular officer or Reserve warrant of- 
ficer may be appointed in a temporary grade of the Air 
Force higher than his Regular or Reserve grade with- 
out vacating that grade. 

§ 8741. Relates to the presentation of the Medal of Honor to 

members of the Air Force during armed conflict. 

§ 8742. Relates to Presidential award of Air Force cross to per- 

sons "engaged in military operations involving conflict 
with an opposing foreign force." 

§ 8746. Relates to the presentation of the Silver Star to mem- 

bers of the Air Force during armed conflict. 

§ 8750. Relates to the presentation of the Airmans' Medal to 

members of the Air Force during armed conflict. 

§ 9022. Relating to the employment of contract surgeons by the 

Air Force during an emergency. 

§ 9025. "During a national emergency declared by the Presi- 

dent," the regular working hours of laborers and me- 
chanics of the Department of the Air Force are 8 hours 
a day or 40 hours a week. 

§ 9441. Relating to the payment of travel expenses to members 

of the Civil Air Patrol "in time of war or of national 
emergency." 

§ 9501 (c) . The Secretary of the Air Force may authorize payment 
of travel expenses and allowances for members of the 
Civil Air Patrol while engaged in carrying out certain 
missions "in time of war or national emergency . . . 
declared by the Congress or the President, after May 27, 
1954." 

§ 9502. Relates to industrial mobilization in time of war or 

when war is imminent. 

§ 9591. Relates to the operations of a public utility by the Air 

Force in field overseas during actual or threatened 
hostilities. 

§ 9742. Relates to Presidential control of transportation sys- 

tems "in time of war." 

§ 9773. Relates to the acquisition and construction of air bases 

and depots during national emergencies. 

§ 9776. If in "an emergency" the President considers it urgent 

a temporary airbase or fortification may be built on 
private land if the owner consents in writing. 



29 



§ 9780. 



12 U.S.C. 
§95. 

§95a. 

§249. 

§ 635f. 

§ 1425a. 
§ 1703(b) 

§ 1705. 
§ 1784b. 



14 U.S.C. 
§3. 

§214. 



Relates to the acquisition of buildings in the District of 
Columbia by the Air Force in time of war or when war 
is imminent. 



Title 12 — Banks and Banking 



Relates to limitations and restrictions on business of 
members of the Federal Reserve System "during such 
emergency period as the President . . . may prescribe." 

"During the time of war or during any other period of 
national emergency declared by the President," he may 
provide for the regulation of transactions in foreign 
exchange, and certain transactions of member banks of 
the Federal Reserve System, etc. 

Control over consumer credit may be exercised only 
"during the time of war beginning after" August 8, 
1947, "or any national emergency declared by the Presi- 
dent" after such date. 

The operating authority of the Export-Import Bank 
of Washington is extended for a period of 5 years, 
namely from June 30, 1958, to June 30, 1963. 
Relates to supension of liquidity requirements for sav- 
ings and loan associations in time of national emergency. 
The authority to insure financial institutions making 
loans under the National Housing Act is continued to 
September 30, 1965. 

The authority under the Defense Housing and Com- 
munity Facilities and Services Act to make loans to 
public and nonprofit agencies for construction of hospi- 
tals, is revived to continue until June 30, 1962. 
Relates to the allocation of funds for housing mortgages 
for emergency purposes. 

A limitation is placed on the insurance of mortgages 
under the Armed Services Housing Mortgage Insur- 
ance Title of the National Housing Act, after October 1, 
1962. 



Title 14 — Coast Guard 



Relates to operation of the Coast Guard as a service in 
the Navy "[u]pon declaration of war or when the Presi- 
dent directs. 

Relates to the original appointment of temporary 
officers in the Regular Coast Guard. 



24-509 O - 73 - 4 



30 



§275. 

§331. 
§359. 
§367. 

§371. 
§491. 
§493. 

§652. 

§778. 

15 U.S.C. 
§76. 

§77. 



16 U.S.C. 
§440. 



Relates to suspension of provisions pertaining to the 
selection, promotion, and involuntary separation of 
officers "[i]n time of war, or of national emergency 
declared by the President or Congress." 
In time of war or national emergency, the Secretary 
may order any regular officer of the Coast Guard on the 
retired list to active duty. 

The Commandant of the Coast Guard may "in times of 
war or national emergency," order enlisted men on the 
retired list to active duty. 

"During a period of war or national emergency as pro- 
claimed by the President," enlisted men of the Coast 
Guard may be detained beyond the term of their enlist- 
ments. 

Relates to procurement of aviation cadets "in time of 
war or national emergency declared by Congress." 

Relates to the presentation of the Medal of Honor to 
members of the Coast Guard during an armed conflict. 

Relates to Presidential presentation of Coast Guard 
Medal for Service "not involving an actual conflict with 
the enemy." 

Relates to the removal of restrictions on purchase con- 
tracts by the Coast Guard during a war or national 
emergency. 

"In time of war or national emergency declared by the 
Congress," the President may suspend provisions of law 
relating to reserved commissioned officers of the Coast 
Guard. 



Title 15 — Commerce "and Trade 



Relates to Presidential authority to retaliate against re- 
strictions of importations "during the existence of a 
war in which the United States is not engaged." 
Relates to discrimination against neutral Americans 
"during the existence of a war in which the United 
States is not engaged." 



Title 16 — Conservation 



The Secretary of the Interior may in case of a national 
emergency close Fort McHenry military reservation 
and use it for such period of time thereafter as the Dub- 
lic needs may require. r 



31 



} 590p. Relates to termination or modification of agreements 

with owners and operators of land in the Great Plains 
area "because of an emergency created by drought or 
other disaster." 

\ 809. Projects licensed under the Federal Water Power Act 

for the manufacture of nitrates, etc., may be requisi- 
tioned by the United States when, in the opinion of the 
President the safety of the United States demands it. 

§ 824a. The Federal Power Commission may, in time of war or 

when it determines that an electrical power crisis exists, 
require whatever generation, delivery, or transmission 
of electrical energy as will best meet the emergency. 

j| 831d. Relates to maintenance and operation of plants for pro- 

duction, sale, and distribution of fertilizers and power 
"in case of war or, until six months after the termina- 
tion of the national emergency proclaimed by the Pres- 
ident on December 16, 1950." 

§ 831n-4. Restrictions on the sale or delivery of electric power by 
the TVA outside certain areas shall not prevent the 
transmission of TV A power to the Atomic Energy 
Commission or the Department of Defense or any 
agency thereof, on certification of the President that 
"an emergency defense need for such power exists." 

§ 831s. Relates to power of the United States Government to 

take possession of fertilizer and power plants "in case 
of war or national emergency declared by Congress." 

§ 832g. Relates to the purchase of supplies and services by the 

Army from certain public works projects. 

§ 833f. Relates to the purchase of supplies and services by the 

Army from various public works projects. 



Title 18 — Crimes and Criminal Procedure 



18 U.S.C. Relates to criminal penalties for gathering, transmit- 

§ 793. ting, or losing defense information. 

§ 794. Relates to provisions of the Criminal Code on espio- 

nage and censorship on the gathering or delivering de- 
fense information to aid a foreign government. 

§ 795. Relates to the provisions of the Criminal Code relating 

to photographing and sketching defense installations. 

§§ 798, 2157, Provisions of the Criminal Code which impose heavier 
2391. penalties for certain acts of espionage and sabotage in 

time of w.ir, are continued in effect "until six months 
after the termination of the national emergency pro- 
claimed bj the President on De>^mber 16, 1950." 



32 



§ 963. Relates to Presidential authority to detain armed ves- 

sels "during a war in which the United States is a neu- 
tral nation. 

§ 967. Relates to the departure of vessels forbidden in aid 

of neutrality during a war. 

§ 1383. Provides for the imprisonment or fining of anyone who 

knowingly enters a military zone prescribed by the 
President, the Secretary of the Army, or any military 
commander designated by the Secretary of the Army. 

§§ 2153, 2154. When the United States is at war, or in times of na- 
tional emergency as declared by the President or by 
the Congress, wilful injury to or destruction of war ma- 
terial or the production of defective war material is 
punishable by a fine of $10,000 and/or imprisonment 
up to thirty years. 

§ 2511. Relates to the Criminal Code provisions on interception 

and disclosure of wire or oral communications. 

§ 3287. Relates to wartime suspension of the statute of limita- 

tions for certain offenses. 



Title 19 — Customs Duties 



19 U.S.C. "Whenever the President shall by proclamation declare 
§ 1318. an emergency to exist by reason of a state of war or 

otherwise," he may extend the time for the performance 
of certain acts under the Tariff Act of 1930, and permit 
free importation of food, clothing, and medical supplies 
for use in emergency relief work. 

§ 1351. Relates to the authority of the President to modify im- 

port restrictions "for the duration of war or an emer- 
gency." 

§ 1862. Relating to the report on investigations by the Director 

of Office of Emergency Preparedness. 



Title 20 — Education 



20 U.S.C. Relates to the authority of the President to preserve a 
§ 79. certain area in the Canal Zone "except in the event of 

declared national emergency." 

§ 241-1. Relates to assistance for current school expenditures in 

cases of certain disasters. 

§ 646. Relates to assistance by the Office of Emergency Plan- 

ning relating to schools, etc. during cases of disasters. 



33 

Title 22 — Foreign Relations and Intercourse 



The President may order the seizure and detention of 
arms or munitions of war being exported or shipped out 
of the United States in violation of law. 

Relates to proclamation of state of war between foreign 
states. 

Relates to financial transactions during a state of war. 

Relates to restrictions on use of American ports during 
any war. 

Relates to the restrictions on submarines and armed 
merchant vessels during any war. 

Relates to the prevention of offenses against neutrality 
during any war. 

Relates to detention by collectors of customs of arms 
and munitions of wars. 

Relates to congressional declaration of policy, embargo 
on war materials, denial of assistance to nations failing 
to embargo shipments during a war. 

Relates to military assistance in the general area of the 
Middle East against armed aggression from any coun- 
try controlled by international communism. 
Relates to the furnishing of military assistance to the 
United Nations Emergency Force. 
Relates to the expiration of the provisions relating to 
the Middle East peace and stability. 
Relates to the prohibitions against furnishing foreign 
assistance in the national interest. 
Relates to Presidential authority to negotiate a sale of 
supersonic planes to Israel to prevent future Arab ag- 
gression. 



Title 25 — Indians 



25 U.S.C. Relates to the abrogation of Indian Treaties when any 
§ 72. Indian tribe is in actual hostility. 



Title 26 — Internal Revenue Code 



26 U.S.C. Relates to determination of adjusted basis of facility 
§ 168. certified by the President "as necessary in the interest 

of national defense during [an] emergency period" .for 

purposes of amortization. 



22 U.S.C. 
|401. 

S441. 

|W7. 
§ 450. 

§451. 

§461. 

§464. 

.§ 1611. 

§ 1962. 

§ 1963. 
§ 1965. 
§ 2370. 
| 2410. 



34 



§ 7508. 



29 U.S.C. 
§176. 

§178. 



31 U.S.C. 
§§ 80a, 80b. 

§80c. 
§203. 

§241. 



32 U.S.C. 
§104. 

§111. 



Relates to the time for performing certain acts under 
the Internal Revenue Code postponed by reason of war. 



Title 29 — Labor 



Relates to the appointment of boards of inquiry by the 
President in national emergencies because of labor 
disputes. 

Relates to strikes, subject to injunction during national 
emergencies because of labor disputes. 



Title 31 — Money and Finance 



"In time of war or national emergency," and for 18 
months thereafter, the time for examination of monthly 
accounts of disbursing officers of the Army, Navy, 
Marine Corps, and Coast Guard, is extended from 60 to 
90 days. 

Relates to extension of time for examination of ac- 
counts of Navy expenditures "in time of war or during 
any emergency declared by Congress." 

The Assignment of Claims Act of 1940 is amended so 
as to facilitate the financing of defense contracts "in 
time of war or national emergency proclaimed by the 
President (including the national emergency pro- 
claimed December 16, 1950) or by Act or joint resolu- 
tion of the Congress and until such war or national 
emergency has been terminated." 

Relates to time limitations for presentation of certain 
claims by members of the uniformed services "in time 
of war or in time of armed conflict." 



Title 32 — National Guard 



Relates to the organization of the Army National Guard 
and the composition of its units subject "in time of 
peace" to certain general exceptions. 

Relates to Presidential authority to suspend operation 
of certain provisions relating to the recognition and dis- 
charge of officers in the Army National Guard or Air 
National Guard "[i]n time of war, or of emergency 
declared by Congress." 



35 



§ 302. Enlistments in the National Guard (which are for three 

years for original enlistments and one to three for re- 
enlistments), may, if "an emergency is declared by Con- 
gress," be extended by the President until six months 
after the termination of that emergency. 

§ 715. Relates to certain claims against the United States sub- 

ject to exceptions for claims accruing "in time of war or 
armed conflict." 



Title 33 — Navigation and Navigable Waters 



33 U.S.C. "In time of emergency declared by the President or by 
§ 853. the Congress, and in time of war," the President may 

suspend provisions of the Coast and Geodetic Survey 
Commissioned Officers' Act pertaining to promotion. 

§ 854a-l. Relates to temporary appointment or advancement of 
commissioned officers of the National Oceanic and 
Atmospheric Administration "in time of war or national 
emergency." 

§ 855. The President may transfer vessels, equipment, stations, 

and personnel of the Coast and Geodetic Survey to the 
jurisdiction of the Department of Defense, "whenever 
in his judgment a sufficient national emergency exists." 



Title 35 — Patents 



35 U.S.C. Orders to keep inventions secret and withhold patents 
§ 181. in effect or issued, "during a time when the United 

States is at war" or "during a national emergency de- 
clared by the President," shall remain in effect for the 
duration of the war and 1 year following cessation of 
hostilities, and for the duration of the emergency plus 
6 months. 

Title 37 — Pat and Allowances of the Uniformed Services 



37 U.S.C. Relates to pay grades of certain retired rear admirals 
§ 202. who served on active duty "in time of war or national 

emergency." 

§ 310. Relates to special pay for members of the uniformed 

services whose duty was subject to hostile fire. 



36 



8 407. Exempts the provisions of law relating to travel and 

transportation allowances of the uniformed services in 

time of national emergency. 
§ 427. Relates to family separation allowances of members of 

uniformed services subject to exceptions for "war or 

. . . national emergency." 
§901. Relates to wartime pay of an officer of the armed 

forces exercising command higher than his grade. 



Title 38 — Veterans' Benefits 



38 U.S.C. Relates to definitions for purposes of Title 38.— Vet- 
§ 101. erans Benefits. The term "period of war" is defined to 

begin "on the date of any future declaration of war by 
the Congress" and ending on the date "prescribed by 
Presidential proclamation or concurrent resolution of 
the Congress." 

§ 521. Relates to non-service-connected disability pensions for 

veterans of wars. 



Title 40 — Public Buildings, Property, and Works 



40 U.S.C. "During wartime or national emergency," the proce- 
§ 71d. dures prescribed for proposed Federal and District of 

Columbia developments and projects shall not apply to 
projects within the Capitol grounds or to structures 
erected on military reservations. 

§ 276a-5. "In the event of a national emergency" the President 
may suspend provisions of the act of August 30, 1935, 
relating to rate of wages for laborers and mechanics 
employed on public buildings. 

§ 278b. "During war or a national emergency declared by Con- 

gress or by the President" provisions of the act of 
June 30, 1932, restricting the rental on buildings leased 
to the Government to 15 percent of the fair market 
value, may be suspended. 

§ 314. Relates to the authority of the President to make sales 

of war supplies to foreign states or governments "en- 
gaged in war against any government with which the 
United States is at war." 

§ 484. The General Services Administrator may negotiate for 

disposal of surplus property without regard to require- 
ments of advertising for bids, etc., but subject to ob- 
taining such competition as is feasible under the cir- 



37 



§534. 

41 U.S.C. 
§11- 

§15. 
§252. 

42 U.S.C. 
§204. 

§ 210-1. 
§211. 

§217. 



cumstances, if necessary in the public interest "during 
the period of a national emergency declared by the 
President or the Congress." 

Relates to waiver of procedures for disposal and acqui- 
sition of real property "during any period of national 
emergency declared by the President." 



Title 41 — Public Contracts 



Permits the Armed Services to purchase clothing, for- 
age, fuel, and other supplies without an appropriation 
from Congress. 

The Assignment of Claims Act of 1940 is amended so as 
to facilitate the financing of defense contracts "in time- 
of war or national emergency proclaimed by the Presi- 
dent (including the national emergency proclaimed 
Decmeber 16, 1950) or by Act or joint resolution of the 
Congress and until such war or national emergency has 
been terminated." 

Contracts for supplies and services, under the Federal 
Property and Administrative Services Act of 1949, may 
be negotiated without advertising if determined to be 
necessary in the public interest "during the period of a 
national emergency declared by the President or by the 
Congress." 



Title 42 — The Public Health and Welfare 



Relates to the composition of commissioned Regular 
Corps and a Reserve Corps "for the purpose of securing 
a reserve for duty in the Service in time of national 
emergency." 

The prohibition on granting of annual leave to officers 
of the Public Health Service between date of applica- 
tion for, and effective date of retirement,, is waived in 
cases of "emergency." 

"In time of war, or of national emergency proclaimed by 
the President," commissioned officers of the Regular 
Corps of the Public Health Service may be recom- 
mended for promotion whether or not a vacancy occurs 
in such grade. 

"In time of war, or of emergency proclaimed by the 
President," the President may utilize the Public Health 
Service to such extent as he deems necessary in the pub- 
lic interest. 



I 



38 

§ 266. Relates to special quarantine powers of the Public 

Health Service in time of war. 

§ 1313. The Secretary of Health, Education, and Welfare is 

authorized to provide temporary assistance to United 
States citizens and their dependents who have been re- 
turned to the United States from a foreign country 
because of "war, threat of war, invasion, or similar 
crisis . . . and are without available resources." 

§ 1477. Relates to preferences for veterans and families of de- 

ceased servicemen. "Veteran" is defined to mean "a per- 
son who served in the military forces of the United 
States during any war between the United States and 
any other nation." 

§ 1541. Relates to termination of certain provisions pertaining 

to defense, housing projects, and works "[w]hen the 
President shall have declared that the emergency de- 
clared by him on September 8, 1939, has ceased to 
exist." 

§ 1592. Relates to the authority of the administrator of the 

Housing and Home Finance Administration relating 
to critical defense housing areas. 

§ 1711. Defines "war-risk hazard," "hostile force or person," 

and "war activities" for the purposes of public health 
and welfare statutes. 

§ 1712. Relates to the definition of war-risk hazard for such 

benefits. 

§ 2138. "Whenever the Congress declares that a state of war or 

national emergency exists" the Atomic Energy Commis- 
sion may suspend licenses granted under the Atomic 
Energy Act. 

§§ 2165, The Atomic Energy Act of 1954 is amended so as to 
2201. provide (1) that "whenever the Congress declares that 

a state of war exists, or in the event of a national dis- 
aster due to enemy attack," the Atomic Energy Com- 
mission may employ individuals and permit them to 
have access to Restricted Data, before completion of 
their security check, and (2) to authorize the Commis- 
sion to establish a succession of authority which will as- 
sure the continuity of direction of the Commission's 
operations "in the event of a national disaster due to 
enemy activity." 



Title 43 — Public Lands 



43 U.S.C. The requirement that withdrawals or reservations of 
§ 155. more than 5,000 acres of public lands of the United 

States for use of the Defense Department for defense 



J 



39 



purposes be made only by act of Congress, is not appli- 
cable "in time of war or national emergency hereafter 
declared by the President or the Congress." 

Relates to restrictions on delivery of water for produc- 
tion of excessive basic commodities "in the interest of 
national security." 

Relates to certain rights and powers retained by the 
United States pertaining to the purchase of national re- 
sources "[i]n time of war or when necessary for na- 
tional defense." 

All leases issued under the Outer Continental Shelf 
Lands Act shall contain a provision vesting authority 
in the Secretary of the Interior, "during a state of war 
or national emergency declared by the Congress or the 
President of the United States" after August 7, 1953, 
to suspend operations under any such lease. 



Title 44 — Public Printing; and Documents 



Relates to Presidential authority to suspend require- 
ments for filing of documents for publication in the 
Federal Register "as a result of attack or threatened 
attack." 

Relates to the authority of the head of an agency of the 
United States Government to destroy records outside 
the continental United States "during a state of war be- 
tween the United States and another nation, or when 
hostile action by a foreign power appears imminent." 



Title 45 — Railroads 



§ 228c-l. Relates to provisions for inclusion of years of military 
service in determining eligibility for an annuity and 
computations under the Railroad Retirement Act of 
1937. The term "war period" is defined as beginning on 
"the date on which the Congress of the United States 
declared war." 



Title 46 — Shipping 



46 U.S.C Relates to Presidential designation of "hospital ships" 
§§ 133, 134. which shall "in time of war" be exempted from all dues 

and taxes imposed on vessels by the laws of the United 

States. 



§ 1616ZZ. 
§1314. 

§1341. 



44 U.S.C. 
§ 1505. 

§3311. 



40 



§ 249a. The Secretary of Commerce may issue distinguished 

service ribbon bars for outstanding and meritorious 
service by members of the United States Merchant Ma- 
rine after June 30, 1950, "in any time of war, or national 
emergency proclaimed by the President or by Congress." 

§ 835. "When the United States is at war, or during any na- 

tional emergency, the existence of which is declared by 
proclamation of the President," it shall be unlawful, 
without the consent of the Federal Maritime Board, to 
transfer American ships to a foreign registry, to sell 
American vessels to other than citizens, to agree to con- 
struct vessels for other than citizens, etc. 

§ 861. Declaration of policy to develop and encourage the 

maintainence of the merchant marine for use in time 
of war or national emergency. 

§ 1132. "During a national emergency as proclaimed by the 

President," he may suspend provisions of section 302 of 
the Merchant Marine Act of 1936, relating to citizenship 
of officers and crews of vessels. 

§ 1151. Applications to the Federal Maritime Board for con- 

struction differentials must not be approved by the 
Board unless plans and specifications indicate vessel 
will be suitable for use by the United States "in time of 
war or national emergency." 

§ 1161. Relates to the establishment of reserve funds for the 

construction or acquisition of vessels certified by the 
Secretary of Commerce to be "desirable for use by the 
United States in case of war or national emergency." 

§§ 1202, 1242. Charters of vessels may be terminated by the Federal 
Maritime Board, and vessels of citizens may be requisi- 
tioned "whenever the President shall proclaim that the 
security of the national defense makes it advisable, or 
during any national emergency declared by proclama- 
tion of the President." 

§ 1241. In amending the Merchant Marine Act so as to provide 

permanent legislation for the transportation of a sub- 
stantial portion of waterborne cargoes in United States- 
flag vessels, Congress stipulates that provisions under 
the amendment may be waived "whenever the Congress 
by concurrent resolution or otherwise, or the President 
of the United States or the Secretary of Defense de- 
clares that an emergency exists justifying a temporary 
waiver." 

§ 1294. Whenever adequate insurance is not otherwise avail- 

able, until September 7, 1965, the Secretary of Com- 
merce may provide (1) war risk insurance for water- 
borne commerce of the United States, and (2) certain 
marine and liability insurance for the protection of 
certain vessels, cargoes, and crews. 



41 



§ 1402. Relates to federal subsidies for construction of private 

fishing vessels which are suitable for use by the United 
States for National Defense or Military purposes "in 
time of war or national emergency." 

§ 1406. The law providing a program to assist certain depressed 

segments of the fishing industry by allowing subsidies 
to aid in construction of new fishing vessels, stipulates 
that the plans and specifications for the vessel are suit- 
able, among other things, for use by the United States 
for national defense or military purposes "in time of 
war or national emergency." 



Title 47 — Telegraphs, Telephones, and Radiotelegraphs 



47 U.S.C. The requirement that the Federal Communications 
§ 308. Commission receive written application before granting 

a radio station construction permit or station license 
may be waived "during a national emergency pro- 
claimed by the President or declared by the Congress 
and during the continuance of any war in which the 
United States is engaged," and when such action is nec- 
essary for the national defense. 

§ 606(a). Under the Communications Act of 1934, the President 
is authorized, "during the continuance of a war in which 
the United States is engaged," to direct that preference 
be given to communications that he deems essential to 
national defense. 

§ 606(c). "Upon proclamation by the President that there exists 
war or a threat of war, or a state of public peril or dis- 
aster or other national emergency," the President may 
suspend rules and regulations applicable to radio sta- 
tions or to electromagnetic radiation control. 



Title 49 — Transportation 



49 U.S.C. Certain preferences and priorities in the transportation 
§ 1. of traffic under sections 1(15) and 420 of the Interstate 

Commerce Act, are continued in full force and effect 
"until six months after the termination of the national 
emergency proclaimed by the President on December 
16, 1950," or until such earlier date as the Congress by 
concurrent resolution designates. 
§ 6. Relates to preferences of shipments in time of war to 

the United States. 



42 

§ 1020. Relates to special powers of freight forwarders during 

time of war or other emergency. 

§ 1343. Relates to the powers of the Federal aviation adminis- 

tration in time of war. 

§ 1348. Relates to the use of airspace control and facilities for 

military emergencies. 



Title 50 — Wak and National Defense 



50XJ.S.C. Relates to the restraint, regulations, and removal of 
§ 21. alien enemies during a declared war. 

§ 82. Relates to the procurement of ships and material dur- 

ing war. 

§ 98d. Stocks of strategic and critical materials acquired under 

the Stockpiling Act shall not be released for use, sale, 
etc., except "in time of war or during a national emer- 
gency." 

§ 167c. "Whenever Congress or the President declares that a 

war or national emergency exists," the Secretary of the 
Interior may suspend licenses issued for the sale and 
transportation of nelium in interstate commerce. 

§ 191. The President may provide for the control and anchor- 

age of foreign-flag vessel in territorial waters of the 
United States, whenever he "finds that the security of 
the United States is endangered by reason of actual or 
threatened war, or invasion or insurrection, or subver- 
sive activity," etc. 

§§ 196-198. The President may, though the Secretary of Commerce, 
acquire foreign-flag vessels lying idle in United States 
waters, whenever the security of the national defense 
makes it advisable or "during any national emergency 
declared by proclamation of the President." 

§ 205. Relates to the suspension of commercial intercourse 

with a State in insurrection. 

§ 206. Relates to the suspension of commercial intercourse 

with part of State in insurrection. 

§ 207. Relates to the actions of persons affected by suspension 

of commercial intercourse when a State is in insurrec- 
tion. 

§ 208. Relates to the licensing or permitting commercial inter- 

course with a State or region in insurrection. 

§ 212. Relates to the confiscation of property employed to aid 

insurrection in a State. 



43 



§ 223. Relates to forfeiture of vessels owned by citizens of in- 

surrectionary States. 

§§ 451-162. Relates to comprehensive program to assure a national 
reserve of machine tools and industrial manufacturing 
equipment to supply the needs of the Armed Forces "in 
time of national emergency or in anticipation thereof." 

§ 812. In the event of a declaration of a war by Congress, or if 

the President finds on account of certain existing cir- 
cumstances that the proclamation of an emergency is 
essential to the preservation, protection, and defense of 
the constitution, he may proclaim such as an Internal 
Security Emergency whereupon certain defensive meas- 
ures shall be provided. 

§ 832. Relates to full field investigation and appraisal of per- 

sonnel security procedures in the National Security 
Agency. 

§ 1431. Relates to the authorization and restrictions of National 

Defense Contracts. 

§ 1435. Effective "during a national emergency declared by 

Congress or the President and for six months after the 
termination thereof or until such earlier time as Con- 
gress, by concurrent resolution, may designate," the 
President may authorize any department or agency of 
the Government exercising functions in connection with 
the prosecution of the national defense effort, to enter 
into contracts or amendments or modifications of con- 
tracts, and to make advance payments thereon without 
regard to other provisions of law relating to contracts 
whenever he deems such action would facilitate the 
national defense. 

[Note. — This authority which was contained in 
Title II of the First War Powers Act and was to have 
expired thereunder June 30, 1958, is now permanently 
on the books for activation during any periods of 
national emergency.] 
§§ 1511, 1512, Relates to reports to Congress on chemical and biological 
1513, 1515, warfare program. 
1516, 1517, 

1518. 



Title 50, Appendix — War and National Defense 



50U.S.C. Relates to Presidential authority under the Trading 
§ 3_ With the Enemy Act to censor certain communications 

passing between the United States and any foreign 

country "during the present war." 



44 



4. Relates to the licenses to enemy or allies of enemy in- 
surance or reinsurance companies doing business in the 
United States. 

5. Relates to Presidential authority under the Trading 
With the Enemy Act to regulate transactions m foreign 
exchange of gold and silver, property transfers, Tested 
interests, enforcement and penalties "during the time 
of war or during any other period of national emer- 
gency declared by the President." 

j 6. Relates to Presidential authority under the Trading 

With the Enemy Act to appoint and prescribe the duties 
of an alien property custodian "who shall be empowered 
to receive all money and property in the United States 
due or belonging to an enemy." 

j 7. Relates to procedures to be followed such as lists of 

enemy or ally of enemy officers, directors or stock- 
holders of corporations in United States, etc. under the 
Trading With the Enemy Act. 

i 8. Relates to suspension of the statute of limitations under 

the Trading With the Enemy Act oh certain contracts 
and obligations "until after the end of the war." 

j 9. Relates to claims to property, etc., under the Trading 

With the Enemy Act in time of war or during national 
emergency. 

i 10. Relates to procedures, etc. relating to patents, trade- 

marks or copyrights under the Trading With the En- 
emy Act. 

} 11. Relates to Presidential authority under the Trading 

With the Enemy Act to impose certain prohibitions on 
imports "during the present war." 

J 12. Relates to procedures to be followed in the transfer of 

property to the Alien Property Custodian under the 
Trading With the Enemy Act. 

} 14. Relates to refusal to grant clearance for export of gold 

or silver coin in cargoes "[d]uring the present war" 
under the Trading With the Enemy Act." 

5 19. Relates to the printing, newspaper or publication in 

foreign languages under the Trading With the Enemy 
Act. 

\ 32. Relates to the procedure of return of enemy property 

by the Alien Property Custodian, under the Trading 
With the Enemy Act. 

1 38. Relates to the shipment of relief supplies under the 

Trading With the Enemy Act. 

J 40. Relates to the authority of the President relating to 

intercustodial conflicts involving enemy property un- 
der the Trading With the Enemy Act. 



45 



§ 785. The restriction on the making of photographs and 

sketches of properties of the military establishment 
(originally to be effective for the duration of World 
War II), is continued in effect "until six months after 
the termination of the national emergency proclaimed 
by the President on December 16, 1950." 

§ 1211. Relates to renegotiation of contracts for the procure- 

ment of property, processes, and services, and construc- 
tion of facilities "necessary for the national defense." 

§ 1213. Relates to definitions for purposes of provisions per- 

taining to renegotiation of contracts. "Department" is 
defined to include any agency of the Government "exer- 
cising functions having a direct and immediate connec- 
tion with the national defense which is designated by 
the President during a national emergency proclaimed 
by the President, or declared by the Congress." 

§ 1216. Relates to exceptions to the applicability of certain pro- 

visions pertaining to the renegotiation of contracts 
"during a national emergency proclaimed by the Presi- 
dent." 

§ 1622. "During any national emergency declared by the Presi- 

dent or by the Congress," the United States may have 
exclusive or nonexclusive control and possession of air- 
ports disposed of as surplus under authority of this 
act. 

§ 1742. Places limit on compensation to be paid for the use of a 

vessel by the United States prior to the termination of 
the 1941 national emergency. 

§ 1744. Relates to the sale of surplus war-built vessels. 

§§ 1878e, Relates to the loan of ships to friendly nations in an 

1878s, emergency. 

1878vv. 

§ 2005. Relates to benefits, etc. for prisoners of war. 

§§ 2071-73, Certain powers of the President under the National 
2151-63, Defense Production Act of 1950, are extended to 
2166. June 30, 1972, such as : (1) priorities and allocations of 

materials and facilities for defense contracts, (2) en- 
couragement to small business enterprises to make con- 
tributions towards defense efforts, and (3) employment 
of experts and consultants, at daily rates of compensa- 
tion. 

8 2093. The authority to purchase strategic materials under 

section 303 of the Defense Production Act is extended 

from June 30, 1963, to June 30, 1965. 
8 2291. Relates to proclamation of emergency and termination 

thereof during a civil defense emergency. 
8 2292. Relates to the utilization of Federal departments and 

agencies during a civil defense emergency. 



24-509 O - 73 - 5 



46 



§ 2293. Relates to the emergency powers of the Civil Defense 

administrator. 

§ 2294. Relates to the liability of the Federal Government for 

death or personal injury to employees during a civil 
defense emergency. 

§ 2295. Relates to the waiver of the Administrative Procedure 

Act during a civil defense emergency. 

§ 2297. The standby powers of the Administrator of the Office 

of Emergency Planning (formerly the Office of Civil 
and Defense Mobilization) are extended to June 30, 
1962. 

§§ 2401-2413. Relates to authority to control exports from the United 
States "to the extent necessary to exercise the necessary 
vigilance over exports from the standpoint of their sig- 
nificance to the national security of the United States." 



PUBLIC LAWS 



68th Congress 



PUBLIC LAW 68—438 

The conveyance of a perpetual easement upon a portion of the 
military reservation on Anastasia Island, Fla., to the St. Johns Elec- 
tric Co., shall be subject to the right of the United States, "in case 
of an emergency" to assume control and use of the property. [Act of 
February 21, 1925; 43 Stat. 959.] 



PUBLIC LAW 68-47 9 

The transfer of the Hoboken Manufacturers' Railroad to the Port 
of New York Authority shall be on condition that the railroad facil- 
ity may be used by the United States "in the event of war or any other 
national emergency.'''' [Act of February 26, 1925 ; 43 Stat. 984.] 



PUBLIC LAW 68-568 

The conveyance of certain portion of the military reservation of 
the Presidio of San Francisco to the city and county of San Fran- 
cisco shall provide that "in the event of war or any other great 
national emergency'' 1 the United States shall have the right to take 
exclusive possession of the property. [Act of March 3, 1925 ; 43 Stat. 
1129.] 



69tii Congress 



PUBLIC LAW G9-99 

Lease to city of Tucson, Ariz., of certain public lands for a munic- 
ipal aviation field shall be upon condition that the Government may 
assume control of the land "in case of emergency.'" [Act of April 12, 
1926; 44 Stat. 241.] 

[Emphasis supplied.] 



48 



PUBLIC LAW 69-314 

Public lands authorized to be conveyed for the establishment of an 
aviation field near Yuma, Ariz., shall be on condition that the 
Defense Department may assume absolute control of the field "in 
case of emergency? [Act of May 29, 1926; 44 Stat 677.] 



71st Congress 



PUBLIC LAW 71—222 

"In case of national emergency declared by the President? the 
Secretary of the Navy may revoke the lease of the floating dry dock 
and waterfront accessories at the New Orleans Naval Station. [Act 
of May 14, 1930; 46 Stat. 332 § 10.] 



PUBLIC LAW 71-280 

The lease of the United States naval destroyer and submarine base 
at Squantum, Mass., shall be revocable "in case of national emer- 
gency declared by the President:' [Act of May 29, 1930; 46 Stat. 
479.] 



72d Congress 



PUBLIC LAW 72-382 

Deed conveying certain properties to Arlington County, Va., in 
■order to connect Lee Boulevard with Arlington Memorial Bridge 
shall contain condition that the United States may resume possession 
whenever "in the judgment of the President an emergency exists" 
that requires its use. [Act of February 28, 1933 ; 47 Stat. 1368 § 4.] 



74th Congress 



PUBLIC LAW 74-598 

"In time of national emergency" the property authorized to be 
■conveyed to the city of Little Eock, Ark., shall, upon request of the 
Secretary of Defense, be turned over to the United States. TAct of 
May 15, 1936 ; 49 Stat. 1278.] 



.[Emphasis supplied.] 



49 



PUBLIC LAW 74-024 

Real property: recapture of certain area formerly part of 
Charleston Army Base Terminal, South Carolina. 

In time of national emergency, and upon order of the President, a 
certain area, formerly part of Charleston Army Base Terminal, 
South Carolina, may be taken by the United States for the use of 
the Army during the period of the emergency. [49 Stat. 1387.] [See 
also, P.L. 97, 81st Cong., 63 Stat. 169-170, and P.L. 428, 84th Cone., 
70 Stat. 35-36.1 e 



PUBLIC LAW 71-7 04 

Certain land at Kahului is conveyed to the Territory [State] of 
Hawaii upon condition that the United States may use it whenever 
in the judgment of the President an emergency exists that requires 
its use. [Act of June 19, 1936; 49 Stat. 1535.] 



PUBLIC LAW 74-730 

Beal property: recapture of Port Newark Army Base, New 
Jersey. 

In time of war, or of national emergency declared by Congress, 
the United States may take possession of the Port Newark Army 
Base, New Jersey, for the duration of the war or emergency. For 
each year or part of a year that the United States is in possession, 
the United States must pay the city of Newark a certain amount as 
liquidated damages. Upon termination of the war or emergency, the 
property reverts to the city of Newark. [Act of June 20, 1936; 49 
Stat. 1557.] 



75th Congkess 



PUBLIC LAW 75-316 

Real property : recapture of Fort Schuyler, New York. 

When in the judgment of the Secretary of the Army an emer- 
gency exists that requires the use of the property for the public 
defense, the United States may resume possession of Fort Schuyler 
Military Reservation, New York, notwithstanding the lease to the 
State of New York. [Act of Aug. 19, 1937; 50 Stat. 696.] 



PUBLIC LAW 7 5-689 

Deed of conveyance of Hoboken Pier Terminals to the city of 
Hoboken to stipulate that "in event of a national emergency," the 
property may be taken for use of the Department of Defense during 
such emergency. [Act of June 21, 1938 ; 52 Stat. 834 § 3.] 

[Emphasis supplied.] 



50 

79th Congress 



PUBLIC LAW 79-465 

Fort Morgan military reservation is conveyed to the State of Ala- 
bama on condition that at any time during any future national 
emergency, the Department of Defense may reoccupy the property. 
[Act of June 28, 1946; 60 Stat. 332.] 



80th Congress 



PUBLIC LAW 80-885 

The deed conveying certain property of Santa Rosa Island in 
Florida, to Okaloosa County, shall stipulate that "in the event of a 
national emergency" the United States shall have the right to use 
the property. [Act of July 2, 1948 ; 62 Stat. 1230 § 1(e).] 



81st Congress 



PUBLIC LAW 81-393 

The conveyance of part of Camp Joseph T. Robinson to the State 
of Arkansas shall be upon condition that the United States may use 
the property "whenever the Congress of the United States shall 
declare a state of war or other national emergency, or the President 
declares a state of emergency to exist." [Act of June 30, 1950; 64 
Stat. 311 § 3.] 



PUBLIC LAW 81-755 

Real property: recapture of certain land formerly part of Fort 
Schuyler, New York. 

In time of war, or of national emergency declared- by Congress or 
tlie President, and upon a determination by the Secretary of a mili- 
tary department that certain land, formerly part of Fort Schuyler, 
New York, is useful for military, air, naval, or defense purposes, the 
United States may assume, without payment, control and use the 
property concerned, including any improvements made by the grantee. 
[Act of "Sept. 5, 1950 ; 64 Stat. 591.] 



[Emphasis supplied.] 



51 

82d Conqress 



PUBLIC LAW 82-22 2 

Real property ; recapture of Castle Island Terminal Facility, 
South Boston, Massachusetts. 

The Secretary of the Navy is authorized to convey certain lands 
comprising Castle Island Terminal Facility at South Boston to the 
State of Massachusetts on condition that "in time of war or national 
emergency" the United States shall have the right of the free and 
unlimited use of all of said property ; but the United States shall be 
responsible for the entire cost of maintaining it during the period of 
such use. [Act of October 27, 1951 ; 65 Stat. 658, as amended by Act 
of August 28, 1957 ; 71 Stat. 473.] 



PUBLIC LAW 8 2-37 7 

Certain real property at the former Naval Air Station, Kahului, 
Wailuku, Maui, is authorized to be conveyed to the Territory 
[State] of Hawaii on condition that u in time of war or national 
emergency'''' the United States shall have the right of free and 
unlimited use of the property. [Act of June 5, 1952; 66 Stat. 128 
§ 2.] See also, PX. 87-654, 76 Stat. 530.] 



PUBLIC LAW 82-559 

Real property : recapture of certain land in Austin, Texas. 

In time of war, or national emergency, declared by Congress, or of 
emergency declared by the President, and upon a determination by 
the Secretary of Defense that certain land in Austin, Texas, is 
useful or necessary for defense purposes, the United States may, 
without payment, enter the property concerned and use it or any 
part thereof, including any improvements made by the grantee, for 
the duration of the war or emergency. Six months after the termina- 
tion of the war or emergency, the property concerned, including any 
improvements made by the grantee, reverts to the grantee. [Act of 
July 16, 1952 ; 66 Stat. 727.] 



83d Congress 



PUBLIC LAW 83-39 

The President is authorized to continue in effect, until released, 
the appointments of officers and warrant officers of the Army and 
the Air Force who are in a status of missing under the Missing Per- 



[Emphasis supplied.] 



52 



sons Act from June 25, 1950 and before the termination of the 
national emergency proclaimed by the President on December 16, 
1950, whose appointments would normally terminate prior to such 
release. [Act of May 27, 1953 ; 67 Stat. 38.] 



PUBLIC LAW 83-56 

The conveyance of certain Veterans' Administration property in 
Johnson City, Tenn., shall contain a provision that "whenever the 
Congress of the United States shall declare a state of war or other 
national emergency, or the President declares a state of emergency 
to exist," and the property is deemed to be useful in the interest of 
national defense, the United States may reenter and use the prop- 
erty until six months after the termination of such war or emer- 
gency. [Act of June 6, 1953 ; 67 Stat. 54.] 



PUBLIC LAW 83-92 

Sections 1301-1304 of the Second War Powers Act, providing for 
the inspection and audit of books and records of defense contractors, 
are continued in force and effect "until six months after the termi- 
nation of the national emergency proclaimed by the President on 
December 16, 1950," or until such earlier date as the Congress by 
concurrent resolution, or the President, shall designate. [Act of June 
30, 1953; 67 Stat. 120.] 



PUBLIC LAW 83-169 

The authority of the President under section 6 of the Interstate 
Commerce Act, to demand that preference and precedence be given to 
military traffic in time of war or threatened war is continued "in full 
force and effect until six months after the termination of the national 
emergency proclaimed by the President on December 16, 1950," or 
until such earlier date as the Congress, by concurrent resolution, shall 
designate. [Act of July 31, 1953; 67 Stat. 244.] 



PUBLIC LAW 83-315 

The conveyance of certain land located in Windsor Locks, Conn., 
to the State shall be on condition that "whenever the Congress of 
the United States declares a state of war or other national emer- 
gency, or the President declares a state of emergency," and the Sec- 
retary of Defense deems it necessary for the national defense, the 
United States may use the property and upon termination of such 
state of war or emergency plus 6 months, the property shall revert 
to the State. [Act of March 26, 1954; 68 Stat. 32 § 4.] 



[Emphasis supplied.] 



53 



PUBLIC LAW 83-32 7 

The conveyance of a certain portion of Camp Butner Military 
Reservation to the State of North Carolina, shall be on condition 
that "whenever the Congress of the United States declares « state of 
war or other national emergency, or the President declares a state of 
emergency to exist" and the Secretary of Defense deems it necessary 
for the national defense, the United States may use the property 
during such war emergency plus 6 months, after which it shall 
revert to the State. [Act of April 2, 1954; 68 Stat. 51.] 



PUBLIC LAW 83-386 

"In time of war or national emergency heretofore or hereafter 
declared by the President or the Congress," the United States may 
use all or any part of the land in Marion County authorized hereun- 
der to be conveyed to the State of Indiana. [Act of June 4, 1954 ; 68 
Stat. 172 §2(1); 173 §2(3).] 



PUBLIC LAW 83-493 

"In the event of the existence of any national emergency declared 
by proclamation of the President or by action of the Congress," the 
United States may use the land situated within Camp Blanding Mil- 
itary Reservation, authorized hereunder to be conveyed to the 
Armory Board of the State of Florida. [Act of July 14, 1954; 68 
Stat. 475, §2(1), 476 §2(3).] 



PUBLIC LAW 83-534 

Any lease authorized to be entered into between the Secretary of 
the Army and the Commonwealth of Massachusetts for certain 
properties within the Boston Army Base, shall provide "that during 
any national emergency declared by the President, or in the event the 
Congress shall declare a state of war to exist," the United States 
shall have the right to use the property; and Massachusetts may 
thereupon terminate the lease or have it extended for the period of 
such use. [Act of July 27, 1954; 68 Stat. 538 § 103(c).] 



PUBLIC LAW 83-550 

The authority to release to the city of Philadelphia the Hog 
Island tract of land for further development, is upon condition that 
the United States shall have the right to reenter and use the prem- 
ises "whenever the Congress of the United States shall declare a 
state of war or other national emergency." [Act of July 29, 1954; 68 
Stat. 586 § 2.] 



[Emphasis supplied.] 



54 



PUBLIC LAW 83-711 

"Whenever the Congress of the United States declares a state of 
war or other national emergency, or the President declares a state 
of emergency" the United States may use the property within the 
Fort Bliss Military Reservation authorized under this act to be con- 
veyed to the State of Texas, when it is deemed that the property is 
needed in the interest of national defense. [Act of August 30, 1954; 
68 Stat. 975 § 5.] [See also P.L. 91-202; 84 Stat. 20.] 



PUBLIC LAW 83-712 

The United States may use the land located in proximity to San 
Antonio authorized to be conveyed to the State of Texas, "whenever 
the Congress of the United States declares a state of war or other 
national emergency, or the President declares a state of emergency" 
if the property is deemed to be necessary in the interest of national 
defense. [Act of August 30, 1954; 68 Stat. 977 § 5.] 



PUBLIC LAW 83-713 

The deed of conveyance of certain land in the city of Houston to 
the State of Texas, shall provide that "during any state of war or 
national emergency and for six months thereafter" the United 
States may use the land and upon termination of such use shall 
revert to the State. [Act of August 30, 1954 ; 68 Stat. 977 § 2.] 



PUBLIC LAW 83-716 

The conveyance transferring certain property of the United States 
in Klamath County, Oreg., to the State shall provide that "whenever 
the Congress of the United States shall declare a state of war or 
other national emergency, or the President declares a state of emer- 
gency to exist," the United States may use the property for the 
duration of such war or emergency plus 6 months. [Act of Aueust 



84th Congress 



PUBLIC LAW 84-4 0 



The _ conveyance transferring certain property located in Austin 
(Travis County ) to the State of Texas shall provide that "whenever 
the Congress of the United States shall declare a state of war or 
other natwnal emergency, or the President declares a state of emer- 
gency, the United States may use the property for the duration of 

If. nfl 2 r n emeT &> nc y Pl«s 6 months. [Act of June 1, 1955; 69 
otat. 70 § 5.J 



[Emphasis supplied.] 



55 



PUBLIC LAW 84-50 

The State of Iowa shall agree that the United States may 
use the land located in Polk County, described as Camp Dodge 
and Polk County Target Range, authorized to be conveyed to the 
State, "in the event that the Congress of the United States declares 
a state of war or other national emergency, or the President declares 
a state of national emergency ." [Act of June 1, 1955; 69 Stat. 71 
§ 5.] 



PUBLIC LAW 84-52 

The property comprising Jackson Barracks is conveyed to the 
State of Louisiana upon condition that it may be reentered and used 
by the United States "during a national emergency." TAct of June 1, 
1955; 69 Stat. 79.] 



PUBLIC LAW 84-77 

The conveyance of property in the Wyoming National Guard 
Camp Guernsey area, shall be upon condition that the United States 
may reenter and use the property, "whenever the Congress of the 
United States shall declare a state of war or other national emer- 
gency, or the President declares a state of emergency to exist." [Act 
of June 16, 1955 ; 69 Stat. 139 § 1.] 



PUBLIC LAW 84-142 

The deed conveying a portion of Fort Devens Military Reserva- 
tion to the Commonwealth of Massachusetts shall provide that 
"w/ienever the Congress of the United States shall declare a state of 
war or other national emergency, or the President declares a state of 
emergency to exist," the United States may use the property for the 
duration of such war or emergency plus 6 months. [Act of July 11, 
1955; 69 Stat. 294.] 



PUBLIC LAW 84-156 

Members of the Reserve components of the Army, Navy, Air 
Force, and Marine Corps who are ordered to extended active duty in 
excess of 30 days "in time of war or national emergency," may elect 
to receive either compensation and allowances for such duty or the 
pension, retirement pay, etc., to which they are entitled by reason of 
prior military service. [Act of July 12, 1955 ; 69 Stat. 300-301.] 



PUBLIC LAW 84-301 

The deed conveying a portion of the former O'Reilly General 
Hospital at Springfield, to the State of Missouri, shall provide that 
"during any period of national emergency," the United States shall 



[Emphasis supplied.] 



56 



have the right of exclusive use without charge therefor. [Act of 
August 9, 1955; 69 Stat. 592.] 



PUBLIC LAW 84-410 

"Whenever the Congress of the United States declares a state of 
war or other national emergency, or the President declares a state of 
emergency" the tract of land situated in the vicinity of Houston 
(Harris County), Tex., and authorized to be conveyed to the State, 
may be used by the United States for the duration of such war or 
emergency, plus 6 months. [Act of February 15, 195fi: 70 Stat. 18 
§5.] 



PUBLIC LAW S 4-4 13 

Conveyance of Port Newark Army base to the city of Newark, 
New Jersey, is made upon condition that the United States may 
reenter and use the property "whenever the Congress of the United 
States declares a state of war or other national emergency to exist." 
[Act of February 18, 1956; 70 Stat. 21.] 



PUBLIC LAW 84-521 

Real property: recapture of land comprising Camp Livingston 
and Camp Beauregard, Louisiana. 

When needed during a national emergency, the United States may 
reenter and use the land comprising Camp Livingston and Camp 
Beauregard, Louisiana. [Act of May 14, 1956; 70 Stat. 156.] 



PUBLIC LAW 84-598 

The conveyance of certain property in Santa Fe, to the State of 
New Mexico, is conditioned upon the reentry and use by the United 
States in the event of need therefor "during a national emergency 
declared by the President or the Congress." [Act of June 19, 1956; 
70 Stat. 296.] 



PUBLIC LAW 84-618 

The deed, conveying certain lands in Anastasia Island to the State 
of Florida, shall contain a covenant that "in the event of a national 
emergency" the property shall be available for use by the Federal 
Government. [Act of June 25, 1956; 70 Stat. 335 § 3.] 



PUBLIC LAW 84-618 

The deed, conveying a portion of the former prisoner of war 
camp, near Douglas, Wyo., to the State, shall expressly reserve to 

[Emphasis supplied.] 



57 



the United States the right of exclusive use "during any period of 
national emergency." [Act of June 25, 1956 ; 70 Stat. 337 § 1.] 



PUBLIC LAW S4-700 

The conveyance of certain land comprising part of the Ethan 
Allen Air Force Base to the State of Vermont is made subject to the 
right of reentry and use by the United States in the event of need 
therefor "during a national emergency declared by the President or 
the Congress." [Act of July 14, 1956; 70 Stat. 537 § 2.] 



r-UBLIC LAW 84-719 

Certain land situated in the vicinity of Williamsburg authorized 
to be conveyed to the State of Virginia shall be upon condition that 
"whenever the Congress of the United States declares a state of war 
or other national emergency, or the President declares a state of 
emergency? the United States may use the land for the duration of 
such war or emergency plus 6 months. [Act of July 14, 1956: 70 
Stat. 551 § 5.] 



PUBLIC LAW 84-720 

Lands of the La Crosse National Guard Target Range located 
near La Crosse, Wis., may be conveyed to the State on condition 
that the United States may reenter and use the land in the event of 
need therefor "during a national emergency declared by the Con- 
gress or the President of the United States." [Act of July 18, 1956; 
70 Stat. 577 § 1.] [Note— Under an act approved May 29, 1958 
(Public Law 85-431) Congress authorized the release of the reser- 
vation contained in the 1956 Act upon payment by the State, and 
conveyance to it, of the land in question. However, on June 29, 1960, 
Congress repealed the 1958 Act by Public Law 86^551.] 



PUBLIC LAW 84-740 

The interests of the United States in certain land conditionally 
granted to it by the city of Montgomery, W. Va., are released to 
the city provided that "whenever the Congress of the United States 
declares a state of war or other national emergency, or the President 
declares a state of emergency" the United States may use the land 
for the duration of the war plus 6 months. [Act of July 20, 1956 ; 70 
Stat. 590.] [Note. — In 1956 Congress revised and enacted into posi- 
tive law, titles 10 and 32 of the United States Code. Title 10 which 
formerly covered the Army now includes the Army ; Navy, Marine 
Corps, and Air Force. The pertinent emergency provisions contained 
in this revision are listed here by code citation, instead of by the act 
of 1956 (i.e. August 10, 1956, Public Law 1028, 84th Cong.; 70A 
Stat.).] 

[Emphasis supplied.] 



58 



PUBLIC LAW 84-819 

Certain lands situated about 6 miles south of the city of San 
Antonio, in Bexar County, Tex., may be conveyed to the State on 
condition that " whenever the Congress of the United States declares 
a state of war or other national emergency or the President declares 
a state of emergency" the United States may use the property for 
the duration of such war or emergency plus 6 months. [Act of 
July 27, 1956; 70 Stat. 698, § 5.] 



PUBLIC LAW 84-872 

The deed conveying certain land in Clackamas County, Oreg., to 
the State shall provide that "whenever the Congress of the United 
States shall declare a state of war or other national emergency, or 
the President declares a state of emergency to exist? the United 
States may use the property for the duration of such war or emer- 
gency plus 6 months. [Act of August 1, 1956; 70 Stat. 793, § 2.] 



85th Congress 



PUBLIC LAW 85-46 

A teacher in public schools of the District of Columbia who 
"during the period of any war, or of any national emergency as ■pro- 
claimed hy the President or declared by the Congress" leaves his 
position to enter the military service, shall not be considered as sepa- 
rated from his teaching position for purposes of retirement. [Act of 
June 4, 1957; 71 Stat. 47 § 8.] 



PUBLIC LAW 85-157 

A member of the District of Columbia Metropolitan Police force, 
the Fire Department, the United States Park Police force, and the 
White House Police force who, "during any war or national emer- 
gency as proclaimed by the President or declared by the Congress" 
leaves his position to enter the military service, shall not be consid- 
ered as separated from his position for purposes of retirement. [Act 
of August 21, 1957; 71 Stat. 393 § 4).] 



PUBLIC LAW 85-185 



The deed conveying lands comprising the Fort Preble Military 
Reservation at South Portland, to the State of Maine, shall provide 
that "during any state of war or national emergency and for six 
months thereafter," the United States may reenter and use the land 
if deemed necessary for national defense purposes. TAct of Au- 
gust 28, 1957 ; 71 Stat. 467, § 2 (b) .] 



[Emphasis supplied.] 



59 



PUBLIC LAW S 5-2 04 

The conveyance of the real property comprising Esler Field to the 
State of Louisiana, shall be upon condition that "whenever the Con- 
gress of the United States declares a state of war or other national 
emergency, or the President declares a state of emergency" the 
United States may use the property for the duration of such war or 
emergency plus six months. [Act of August 28, 1957 ; 71 Stat. 479.] 



PUBLIC LAW S 5-2 05 

The conveyance of Camp Livingston and Camp Beauregard to 
the State of Louisiana is conditioned upon the right of reentry and 
use by the United States in the event of need therefor "during a 
national emergency" [Act of May 14, 1956 ; 70 Stat. 156 as amended 
August 28, 1957; 71 Stat. 479 § 4.] 



PUBLIC LAW 85-236 

The conveyance of a certain portion of the property known as 
Veterans Center Reservation, Los Angeles, to the State of Califor- 
nia, shall be upon condition that "whenever the Congress of the 
United States declares a state of war or other national emergency, 
or the President declares a state of emergency," the United States 
shall have the right to use the property for the duration of such war 
or emergency plus 6 months. [Act of August 30, 1957 ; 71 Stat. 517.] 



PUBLIC LAW 85-258 

The conveyance of certain property of the former United States 
Marine Corps Air Station at Eagle Mountain Lake, to the State of 
Texas, shall be on condition that "whenever the Congress of the 
United States declares a state of war or other national emergency, 
or the President declares a state of emergency," the United States 
may use the property for the duration of the war or emergency plus 
6 months. [Act of September 2, 1957; 71 Stat. 583.] 



PUBLIC LAW 85-260 

The conveyance of a portion of the military reservation at Fort 
Schuyler to the State of New York shall be on condition that 
"during any emergency declared by the President or the Congress of 
the United States in existence at the time of enactment of this Act, 
or whenever the President or the Congress of the United States 
declares a state of war or other national emergency," the United 
States shall have the right to the full unrestricted use of the prop- 
erty. [Act of September 2, 1957; 71 Stat. 585, § 3.] 



[Emphasis supplied.] 



60 



PUBLIC LAW 85-545 

The conveyance of property in York County, Va., to the Board of 
Supervisors of York County is conditioned upon the provision that 
"whenever the Congress of the United States declares a state of war 
or other national emergency, or the President declares a state of 
emergency," and the property is needed, the United States may re- 
enter and use the property for the duration of such war or emer- 
gency. [Act of July 22, 1958; 72 Stat. 401, § 6.] 



PUBLIC LAW 85-548 

The conveyance of certain land in Boston Neck, Narragansett, 
Rhode Island, is conditioned upon the right of reentry and use by 
the United States "whenever the Congress of the United States 
declares a state of war or other national emergency, or the President 
declares a state of emergency? and the property is necessary for 
national defense. [Act of July 22, 1958 ; 72 Stat. 404, § 4.] 



PUBLIC LAW 85—799 

The conveyance of certain land of the United States to the State 
Board of Education of the State of Florida shall be upon condition 
that "during any state of war or national emergency and for six 
months thereafter," the United States may reenter and use all or 
any part of the land if needed for national defense purposes. [Act 
of August 28, 1958; 72 Stat. 965, § 1(b) .J 



86th Congress 



PUBLIC LAW 86-323 

The Secretary of the Army, in conveying certain property in Hot 
Springs National Park to the State of Arkansas, is required to 
include a provision to insure the right of reentry and use of the 
property "whenever the Congress of the United States declares a 
state of war or other national emergency ' } or the President declares a 
state of emergency," and the property is needed in the interest of 
national defense. [Act of September 21, 1959 ; 73 Stat. 595 § 4.] 



PUBLIC LAW 86-473 

The sale of certain vessels to the Republic of China for use in 
Chinese trade in Far East and Near East waters exclusively, is made 
subject to the condition that they be returned to the ownership of 
the United States "during any national emergency declared by the 
President of the United States or during any war in which the 
United States is participating," for a certain price. TAct of Mav 14 
1960; 74 Stat. 143.] ' ' 

[Emphasis supplied.] 



61 



PUBLIC LAW 86-602 

The conveyance of certain property of the Boston Naval Shipyard 
to the Massachusetts Port Authority is made upon condition that "m 
time of war or national emergency" the United States shall have the 
right of free and unlimited use of the property. [Act of July 7, 
1960; 74 Stat. 356 §2.] 



PUBLIC LAW 86-611 

The instrument conveying to the State of Illinois certain lands in 
Will County (the Des Plaines Public Hunting and Refuge Area and 
the Joliet Arsenal Military Reservation) shall expressly require that 
"whenever the Congress of the United States declares a state of war 
or other national emergency, or the President declares a state of 
emergency," the United States shall have the right to reenter and use 
the property for the duration of such period plus six months. [Act 
of July 12, 1960; 74 Stat. 370 § 2(b).] 



87th Congress 



PUBLIC LAW 87-328 

The Delaware River Basin Compact contains a stipulation that 
nothing contained therein shall be deemed to restrict the executive 
powers of the President "in the event of a national emergency." 
[Act of September 27, 1961; 75 Stat. 714.] 



PUBLIC LAW 87-733 

Expressing the determination of the United States with respect to 
the situation in Cuba including the use of arms. [Act of Oct. 3, 
1962; 76 Stat. 697.] 



PUBLIC LAW 87-794 

No action shall be taken pursuant to this Act or the Tariif Act of 
1930 to decrease or eliminate the duty or other import restriction on 
any article "if the President determines that such reduction or elimi- 
nation would threaten to impair the national security." [Act of Oct. 11, 
1962; 76 Stat. 877.] 



88th Congress 



PUBLIC LAW 88-228 

Real property: recapture of certain land formerly part of the 
Fort Miles Military Reservation, Delaware, 
[Emphasis supplied.] 



24-509 O - 73 - 6 



62 



In time of national emergency declared by the President or Con- 
gress, the Secretary of Defense may, without cost to the United 
States, enter upon and use certain lands conveyed to the State of Del- 
aware that were formerly part of the Fort Miles Military Reserva- 
tion if he considers such lands necessary for national defense pur- 
poses. [Pub. L. 88-228, § 3; 77 Stat. 470.] 



89th Congress 



PUBLIC LAW 88-188 

Provides that all lands comprising the Boiling- Anacostia complex 
should be retained for military purposes. [Pub. L. 89-188, 79 Stat. 
793.] [See also Pub. L. 89-568, 80 Stat. 739.] 



PUBLIC LAW 89-257 

Authorizes certain members of the Armed Forces to accept and 
wear decorations of certain foreign nations "during any period in 
which members of the Armed Forces of the United States are serving 
with friendly foreign forces engaged in an- armed conf-iet in Viet- 
nam . . or during any period of hostilities in Vietnam in which the 
United States may be engaged:' [P.L. 89-257, 79 Stat. 982.] 



91st Congress 



PUBLIC LAW 91-142 

Real property: recapture of National Guard Facility, Pier 91, 
Seattle, Washington. 

In time of war on national emergency declared by Congress or the 
President, and upon a determination by the Secretary of Defense 
that the National Guard facility, Pier 91, Seattle, Washington, or 
any part thereof is useful or necessary for national defense pur- 
poses, the United States may enter and use the property or any part 
thereof, including any improvements made by the grantee, for the 
duration of the war or emergency and six months thereafter. Upon 
termination of such use, the property reverts to the State of Wash- 
ington. [P.L. 91-142, § 805 ; 83 Stat. 319.] 



92d Congress 



PUBLIC LAW 92-145 

Real property: recapture of certain land formerly part of Fort 
Bliss, Texas. 

[Emphasis supplied.] 



63 



That whenever the Congress of the United States declares a state 
of war or other national emergency, or the President declares a state 
of emergency, and upon the determination by the Secretary of 
Defense that the property conveyed under this Act is useful or nec- 
essary for military, air, or naval purposes, or in the interest of 
national defense, the United States shall have the right, without 
obligation to make payment of any kind, to reenter upon the prop- 
erty and use the same or any part thereof, including any and all 
improvements made thereon by the State of Texas, for the duration 
of such state of war or of such emergency. Upon the termination of 
such state of war or of such emergency plus six months such prop- 
erty shall revert to the State of Texas, together with all appurte- 
nances and utilities belonging or appertaining thereto. [P.L. 92-145, 
§708; 85 Stat. 412.] 



[Emphasis supplied.] 



TEXT OF STATUTES DELEGATING POWERS IN 
TIME OF WAR OR NATIONAL EMERGENCY 



UNITED STATES CODE 



Title 2 — The Congress 



2 U.S.C. 198. Adjournment 

(a) Unless otherwise provided by the Congress, the two Houses 
shall — • 

(1) adjourn sine die not later than July 31 of each year; or 

(2) in the case of an odd-numbered year, provide, not later 
than July 31 of such year, by concurrent resolution adopted in 
each House by roll-call vote, for the adjournment of the two 
Houses from that Friday in August which occurs at least thirty 
days before the first Monday in September (Labor Day) of such 
year to the second day after Labor Day. 

(b) This section shall not be applicable in any year if on July 31 
of such year a state of war exists pursuant to a declaration of war 
by the Congress. (Aug. 2, 1946, ch. 753, title I, § 132, 60 Stat. 831; 
Oct. 26, 1970, Pub L. 91-510, title IV, § 461(b), 84 Stat. 1193.) 



Title 5 — Government Organization and Employees 



5 U.S.C. 701. Application; definitions 

(a) This chapter applies, according to the provisions thereof, 
except to the extent that — 

( 1 ) statutes preclude judicial review ; or 

(2) agency action is committed to agency discretion by law. 

(b) For the purpose of this chapter — 

(1) "agency" means each authority of the Government of the 
United States, whether or not it is within or subject to review 
by another agency, but does not include — 

(A) the Congress; 

( B ) the courts of the United States ; 

[Emphasis supplied.] 

(65) 



66 



(C) the governments of the territories or possessions of 
the United States; 

(D) the government of the District of Columbia ; 

(E) agencies composed of representatives of the parties 
or of representatives of organizations of the parties to the 
disputes determined by them ; _ 

(F) courts martial and military commissions; 

(G) military authority exercised in the field in time of 
war or in occupied territory ; or 

(H) functions conferred by sections 1738, 1739, 1743, and 
1744 of title 12; chapter 2 of title 41 ; or sections 1622, 1884, 
1891-1902, and former section 1641(b)(2), of title 50, 
appendix; and . 

(2) "person", "rule", "order", "license", "sanction", "relief", 
and "agency action" have the meanings given them by section 
551 of this title. 
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.) 



5 U.S.C. 702. Right of review 

A person suffering legal wrong because of agency action, or ad- 
versely affected or aggrieved by agency action within the meaning 
of a relevant statute, is entitled to judicial review thereof. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 392.) 

— N O T E — 

Section 702 provides judicial review under Title V only 
for wrongs suffered as a result of "agency" actions. Sec- 
tion 701, however, excludes courts martial, military commis- 
sions, etc., the types of action which might be utilized under 
declarations of martial law from the definition of "agency." 



5 U.S.C. 3101. General authority to employ 

Each Executive Agency, military department, and the government 
of the District of Columbia may employ sucli number of employees 
of the various classes recognized by chapter 51 of this title as Con- 
gress may appropriate for from year to year. (Pub. L. 89-554, 
Sept. 6, 1966, 80 Stat 414.) 

Employment of Personnel Dubino National Emergency Proclaimed 
on Dec. 16, 1950 

Section 1310 or act Nov. 1. 1951, ch. 664. Ch. XIII, 65 Stat 757, as amended 
June 5, 1952, ch. 369, Ch. XIII, § 1302, 66 Stat. 122; Sept 1, 1954, ch. 1208, 
title VI, 8 602, 68 Stat. 1115; Oct. 11, 1962, Pub. L. 87-793, § 717(b), 76 Stat. 
858; Aug. 6, 1965, Pub. L. 89-114, 79 Stat. 448; Oct. 11, 1967, Pub. L. 90-105, 
§ 3, 81 Stat. 274. provided that : 

"Immediately upon the enactment of this Act [Nov. 1, 1951] and until termi- 
nation of the national emergency proclaimed by the President on December 16 
1950: 

[Emphasis supplied.] 



67 



"(a) The Civil Service Commission and the heads of the executive depart- 
ments, agencies, and corporations shall make full use of their authority to 
require that initial appointments to positions in and outside the competitive 
service shall be made on other than a permanent basis in order to limit the 
number of permanent employees to that required for the efficiency of the Fed- 
eral civil service: Provided, That any position vacated by a permanent 
employee called to military service or transferred to a national defense agency 
shall not be filled except on a temporary or indefinite basis. All appointments, 
reinstatements, transfers, and promotions to positions subject to the Classifica- 
tion Act of 1949 [chapter 51 of this title] shall be made with the condition 
and notice to each individual appointed, reinstated, transferred, or promoted 
that the classification grade of the position is subject to post-audit and correc- 
tion by the appropriate departmental or agency personnel office or the Civil 
Service Commission. 

"(b) The Civil Service Commission shall facilitate the transfer of Federal 
employees from nondefense to defense activities and encourage the retention of 
employees in defense activities, and shall provide reemployment rights for per- 
manent employees in the activities from which such employees are transferred. 

"(c) The Civil Service Commission shall make full use of its authority to 
prevent excessively rapid promotions in the competitive civil service and to 
require correction of improper allocations to higher grades of positions subject 
to the Classification Act of 1949, as amended [now section 5101 et seq. of this 
title]. No person in any executive department or agency whose position is sub- 
ject to the Classification Act of 1949, as amended [now section 5101 et seq. of 
this title], shall be promoted or transferred to a higher grade subject to such 
Act [now section 5101 et seq. of this title] without having served at least one 
year in the next lower grade : Provided, That the Civil Service Commission for 
positions in the competitive service and the head of the employing agency for 
positions outside the competitive service may by regulation provide for promo- 
tions of two grades in one year (1) to positions not higher than GS-5; (2) to 
positions not higher than GS-11 which are in a line of work properly classi- 
fied under the Classification Act of 1949 [now section 5101 et seq. of his title] 
at two-grade intervals; (3) to positions in the same line of work when the 
employee has completed a training period under a training program approved 
by the Civil Service Commission for positions in the competitive service, or 
approved by the head of the employing agency for positions outside the com- 
petitive service; and (4) of an employee of the agency concerned when there 
is no position in the normal line of promotion in the grade immediately below 
that of the position to be filled : Provided further, That this subsection shall 
not apply to any case involving an employee who is within reach for appoint- 
ment to a higher grade position on a competitive civil service register, or is 
eligible for appointment, in accordance with a regular appointment system or 
procedure established prior to September 1, 1950, to a higher grade position 
outside the competitive Civil Service, of being advanced up to a grade level 
from which he had been demoted or separated because of reduction in force or 
being advanced to a grade level not exceeding that for which he had pre- 
viously established eligibility as required by the terms hereof: Provided fur- 
ther, That, notwithstanding the provisions hereof, and in order to avoid undue 
hardship or inequity, the Civil Service Commission, when requested by the 
head of the agency involved, may authorize promotions in individual cases of 
meritorious nature. 

"(d) From time to time, but at least annually, each executive department 
and agency shall (1) review all positions which since September 1, 1950, have 
been created or placed in a higher grade or level of difficulty and responsibil- 
ity of work or in a higher basic pay level, (2) abolish all such positions which 
are found to be unnecessary, (3) with respect to such positions which are 
found to be necessary, make such adjustments as may be appropriate in the 
classification grades of those positions which are subject to the Classification 
Act of 1949, as amended [now section 5101 et seq. of this title], or in the basic 
pay levels of those positions which are subject to other pay-fixing authority. 
Not later than July 31 of each year each department and agency shall submit 
a report to the Post Office and Civil Service Committees and Appropriations 
Committees of the Senate and House of Representatives concerning the action 
taken under this paragraph, together with information comparing the total 
number of employees on the payroll on June 30 and their average grade and 



68 



salary with similar information for the previous June 30, and each annual and 
supplemental budget estimate shall include a statement comparing the average 
grade and salary provided for in each item of appropriation or fund allowance 
therein with similar figures reported for the two previous periods. 

"(e) This section does not and shall not be construed to amend or modify 
the Veterans' Preference Act of 1944 (Public Law 359, Seventy-eighth Con- 
gress), as amended. 

"(f) This section shall not apply to the postal field service of the Post Office 
Department" 

— N 0 T E — 

Excerpt from House Rept. 1222, 82d Cong., 1st Sess. (1951) 

The original Whitten Amendment was adopted last year 
to (1) prevent further expansion in the number of perma- 
nent Federal employees, (2) prevent a repetition of the seri- 
ous job inflation in the Federal service which developed 
during the last war as a result of expanded grade levels and 
faulty classification, (3) encourage the transfer of regular 
career employees to defense activities, and (4) prevent dis- 
crimination against individuals called into military service 
or transferring to defense work by making all replacements 
temporary. The language included in the accompanying bill 
continues these requirements in effect, with the following 
perfecting provisions: (a) transfers at the same or a lower 
grade may be made on permanent rather than temporary 
basis, (b) all rights which go with permanent status must 
be preserved for employees changed to temporary basis, (c) 
promotions may be made only after service of at least one 
year in the next lower grade, (d) re-employment rights in 
the activities from which people are transferred to military 
service or defense work must be protected, and (e) annual 
reports are required from each department and agency out- 
lining actions taken to abolish unnecessary positions and 
reduce grades where positions are not properly classified, 
and comparing the number of employees and average 
grades and salaries on December 1 of each year. 



5 U.S.C. 3326. Appointments of retired members of the armed 

FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE 

(a) For the purpose of this section, "member" and "Secretary 
concerned" hare, the meanings given them by section 101 of title 37. 

(b) A retired member of the armed forces may be appointed to a 
position in the civil service in or under the Department of Defense 
(including a non-appropriated fund instrumentality under the juris- 
diction of the armed forces) during the period of 180 days immedi- 
ately after his retirement only if — 

(1) the proposed appointment is authorized bv the Secretary 
concerned or his designee for the purpose, and, if the position is 
in the competitive service, after approval by the Civil Service 
Commission ; 



69 



(2) the minimum rate of basic pay for the position has been 
increased under section 5303 of this title; or 

(3) a state of national emergency exists. 

(c) A request by appropriate authority for the authorization, or 
the authorization and approval, as the case may be, required by 
subsection (b) (1) of this section shall be accompanied by a state- 
ment which shows the actions taken to assure that — 

(1) full consideration, in accordance with placement and pro- 
motion procedures of the department concerned, was given to 
eligible career employees ; 

(2) when selection is by other than certification from an 
established civil service register, the vacancy has been publicized 
to give interested candidates an opportunity to apply ; 

(3) qualification requirements for the position have not been 
written in a manner designed to give advantage to the retired 
member; and 

(4) the position has not been held open pending the retire- 
ment of the retired member. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 423.) 



5 U.S.C. 5305. Annual pat reports and adjustments 

(a) In order to carry out the policy stated in section 5301 of this 
title, the President shall — 

(1) direct such agent as he considers appropriate to prepare 
and submit to him annually, after considering such views and 
recommendations as may be submitted under the provisions of 
subsection (b) of this section, a report that — 

(A) compares the rates of pay of the statutory pay sys- 
tems with the rates of pay for the same levels of work in 
private enterprise as determined on the basis of appropriate 
annual surveys that shall be conducted by the Bureau of 
Labor Statistics; 

(B) makes recommendation for appropriate adjustments 
in rates of pay ; and 

(C) includes the views and recommendations submitted 
under the provisions of subsection (b) of this section ; 

(2) after considering the report of his agent and the findings 
and recommendations of the Advisory Committee on Federal 
Pay reported to him under section 5306(b)(3) of this title, 
adjust the rates of pay of each statutory pay system in accord- 
ance with the principles under section 5301(a) of this title, 
effective as of the beginning of the first applicable pay period 
commencing on or after October 1 of the applicable year ; and 

(3) transmit to Congress a report of the pay adjustment, 
together with a copy of the report submitted to him by his 
agent and the findings and recommendations of the Advisory 
Committee on Federal Pay reported to him under section 
5306(b) (3) of this title. 



[Emphasis supplied.] 



70 



(c)(1) If, because of national emergency or economic conditions 
affecting the general welfare, the President should, in any year, con- 
sider it inappropriate to make the pay adjustment required by 
subsection (a) of this section, he shall prepare and transmit to Con- 
gress before September 1 of that year such alternative plan with 
respect to a pay adjustment as he considers appropriate, together 
with the reasons therefore, in lieu of the pay adjustments required 
by subsection (a) of this seotion. 



5 U.S.C. 5335. Periodic step-increases 

(a) An employee paid on an annual basis, and occupying a per- 
manent position within the scope of the General Schedule, who has 
not reached the maximum rate of pay for the grade in which his 
position is placed, shall be advanced in pay successively to the next 
higher rate within the grade at the beginning of the next pay period 
following the completion of — 

( 1 ) each 52 calendar weeks of service in pay rates 1, 2, and 3 ; 

(2) each 104 calendar weeks of service in pay rates 4, 5, and 
6; or 

(3) each 156 calendar weeks of service in pay rates 7, 8, and 

9; 

subject to the following conditions : 

(A) the employee did not receive an equivalent increase 
in pay from any cause during that period ; and 

( B ) the work of the employee, except a hearing examiner 
appointed under section 3105 of this title, is of an accepta- 
ble level of competence as determined by the head of the 
agency. 

(b) Under regulations prescribed by the Civil Service Commis- 
sion, the benefit of successive step-increases shall be preserved for 
employees whose continuous service is interrupted in the public 
interest by service with the armed forces or by service in essential 
non-Government civilian employment during a period of war or 
national emergency. 

(c) When a determination is made under subsection (a) of this 
section that the work of an employee is not of an acceptable level of 
competence, the employee is entitled to prompt written notice of that 
determination and an opportunity for reconsideration of the deter- 
mination within his agency under uniform procedures prescribed by 
the Commission. If the determination is affirmed on reconsideration, 
the employee is entitled to appeal to the Commission. If the recon- 
sideration or appeal results in a reversal of the earlier determina- 
tion, tlie new determination supersedes the earlier determination and 
is deemed to have been made, as of the date of the earlier determina- 
tion. The authority of the Commission to prescribe procedures and 
the entitlement of the employee to appeal to the Commission do not 
apply to a determination of acceptable level of competence made by 
the Librarian of Congress. 

[Emphasis supplied.] 



71 



(d) An increase in pay granted by statute is not an equivalent 
increase in pay within the meaning of subsection (a) of this section. 

(e) This section does not apply to the pay of an individual 
appointed by the President, by and with the advice and consent of 
the Senate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 469; Pub. L. 
90-83, § 1 (20), Sept. 11, 1967, 81 Stat. 199.) 



5 U.S.C. 5532. Employment of retired officers of the uniformed 
services, reduction in retired or retitement pay; exceptions 

(a) For the purpose of this section, "period for which he receives 
pay" means the full calendar period for which a retired officer of a 
regular component of a uniformed service receives the pay of a posi- 
tion when employed on a full-time basis, but only the days for 
which he actually receives that pay when employed on a part-time 
or intermittent basis. 

(b) A retired officer of a regular component of a uniformed serv- 
ice who holds a position is entitled to receive the full pay of the 
position, but during the period for which he receives pay, his retired 
or retirement pay shall be reduced to an annual rate equal to the 
first $2,000 of the retired or retirement pay plus one-half of the 
remainder, if any. In the operation of the formula for the reduction 
of retired or retirement pay under this subsection, the amount of 
$2,000 shall be increased, from time to time, by appropriate percent- 
age, in direct proportion to each increase in retired or retirement 
pay under section 1401a (b) of title 10 to reflect changes in the Con- 
sumer Price Index. 

(c) The reduction in retired or retirement pay required by subsec- 
tion (b) of this section does not apply to a retired officer of a regu- 
lar component of a uniformed service — 

(1) whose retirement was based on disability — 

(A) resulting from injury or disease received in line of 
duty as a direct result of armed conflict ; or 

(B) caused by an instrumentality of war and incurred in 
line of duty during a period of war as defined by sections 
101 and 301 of title 38 ; or 

(2) employed on a temporary (full-time or part-time) basis, 
any other part-time basis, or an intermittent basis, for the first 
30-day period for which he receives pay. 

The exemption from reduction in retired or retirement pay 
under paragraph (2) of this subsection does not apply longer 
than — 

(i) the first 30-day period for which he receives pay 
under one appointment from the position in which he is 
employed, if he is serving under not more than one appoint- 
ment; and 

(ii) the first period for which he receives pay under more 
than one appointment, in a fiscal year, which consists in the 
aggregate of 30 days, from all positions in which he is 
employed, if he is serving under more than one appoint- 
ment in that fiscal year. 



72 



(d) Except as otherwise provided by this subsection, the Civil 
Service Commission, subject to the supervision and control of the 
President, may prescribe regulations under which exceptions may be 
made to the restrictions in subsection (b) of this section when 
appropriate authority determines that the exceptions are warranted 
because of special or emergency employment needs which otherwise 
cannot be readily met. The President of the Senate with respect to 
the United States Senate, the Speaker of the House of Representa- 
tives with respect to the United States House of Representatives, 
and the Architect of the Capitol with respect to the Office of the 
Architect of the Capitol each may provide for a means by which 
exceptions may be made to the restrictions in subsection (b) of this 
section when he determines that the exceptions are warranted 
because of special or emergency employment needs which otherwise 
cannot be readily met. The Administrator of the National Aeronau- 
tics and Space Administration may except, at any time, an individ- 
ual appointed to a scientific, engineering, or administrative position 
under section 2473(b)(2)(A) of title 42 from the restrictions in 
subsection (b) of this section when he determines that the exception 
is warranted because of special or emergency employment needs 
which otherwise cannot be readily met, but not more than 30 excep- 
tions may exist at any one time under this authority. (Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 482.) 



5 U.S.C. 5564. Travel and transportation ; dependents ; household 

AND PERSONAL EFFECTS; MOTOR VEHICLES; SALE OF BULKY ITEMS J 
CLAIMS FOR PROCEEDS ; APPROPRIATION CHARGEABLE 

(a) For the purpose of this section, "household and personal 
effects" and "household effects" may include, in addition to other 
authorized weight allowances, one privately owned motor vehicle 
which may be snipped at United States expense. 

(b) Transportation (including packing, crating, draying, tempo- 
rarily storing, and unpacking of household and personal effects) 
may be provided for the dependents and household and personal 
effects of an employee in active service (without regard to pay 
grade) who is officially reported as dead, injured, or absent for more 
than 29 days in » status listed in section 5561(5) (A)-(E) of this 
title to — 

(1) the official residence of record for the employee; 

(2) the residence of his dependent, next of kin, or other 
person entitled to the effects under regulations prescribed by the 
head of the agency concerned ; or 

(3) another location determined in advance or later approved 
by the head of the agency concerned or his designee on request 
of the employee (if injured) or his dependent, next of kin, or 
other person described in paragraph (2) of this subsection. 

(c) When an employee described in subsection (b) of this section 
is in an injured status, transportation of dependents and household 



[Emphasis supplied.] 



73 



and personal effects may be provided under this section only when 
prolonged hospitalization or treatment is anticipated. 

(d) Transportation on request of a dependent may be authorized 
under this section only when there is a reasonable relationship 
between the circumstances of the dependent and the destination 
requested. 

(e) Instead of providing transportation for dependents under this 
section, when the travel has been completed the head of the agency 
concerned may authorize — 

(1) reimbursement for the commercial cost of the transporta- 
tion ; or 

(2) a monetary allowance, instead of transportation, as 
authorized by statute for the whole or that part of the travel 
for which transportation in kind was not furnished. 

(f) The head of the agency concerned may store the household 
and personal effects of an employee described in subsection (b) of 
this section until proper disposition can be made. The cost of the 
storage and transportation (including packing, crating, draying, 
temporarily storing, and unpacking) of household and personal 
effects shall be charged against appropriations currently available. 

(g) When the head of the agency concerned determines that an 
emergency exists and that a sale would be in the best interests of the 
United States, he may provide for the public or private sale of 
motor vehicles and other Dulky items of the household and personal 
effects of an employee described in subsection (b) of this section. 
Before a sale, and if practicable, a reasonable effort shall be made to 
determine the desires of interested persons. The net proceeds from 
the sale shall be sent to the owner or other person entitled thereto 
under regulations prescribed by the head of the agency concerned. If 
there is no owner or other person entitled thereto, or if the owner or 
other person or their addresses are not ascertained within 1 year 
from the date of sale, the net proceeds may be covered into the 
Treasury of the United States as miscellaneous receipts. 

(h) A claim for net proceeds covered into the Treasury under 
subsection (g) of this section may be filed with the General 
Accounting Office by the owner, his heir or next of kin, or his legal 
representative at any time before the end of 5 years from the date 
the proceeds are covered into the Treasury. When a claim is filed, 
the General Accounting Office shall allow or disallow it. A claim 
that is allowed shall be paid from the appropriation for refunding 
money erroneously received and covered. If a claim is not filed 
before the end of 5 years from the date the proceeds are covered into 
the Treasury, it is barred from being acted on by the General 
Accounting Office or the courts. 

(i) This section does not amend or repeal — 

(1) section 2575, 2733, 4712, 4713, 6522, 9712, or 9713 of title 
10; 

(2) section 507 of title 14; or 

(3) chapter 171 of title 28. 

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 491; Pub. L. 90-83; § 
1(3), Sept. 11, 1967, 81 Stat. 201.) 

[Emphasis supplied.] / 



74 



5 U.S.C. 8332. Creditable service 

(a) The total service of an employee or Member is the full years 
and twelfth parts thereof, excluding from the aggregate the frac- 
tional part of a month, if any. 

(b) The service of an employee shall be credited from the date of 
original employment to the date of separation on which title to 
annuity is based in the civilian service of the Government. Credit 
may not be allowed for a period of separation from the service in 
excess of 3 calendar days. The service includes — 

( 1 ) employment as a substitute in the postal field service ; 

(2) service in the Pan American Sanitary Bureau ; 

(3) subject to section 8334(c) and 8339(h) of this title, serv- 
ice performed before July 10, 1960, as an employee of a county 
committee established under section 590h(b) of title 16 or of a 
committee or an association of producers described by section 
610(b) of title 7; 

(4) service as a student-employee as defined by section 5351 
of this title only if he later becomes subject to this subchapter ; 

(5) a period of satisfactory service of a volunteer or volun- 
teer leader under chapter 34 of title 22 only if he later becomes 
subject to this subchapter ; 

(6) employment under section 709 of title 32, United States 
Code or any prior corresponding provision of law ; 

(7) a period of service of a volunteer under part A of title 
VIII of the Economic Opportunity Act of 1964 only if he later 
becomes subject to this subchapter ; and 

(8) subject to section 8334(c) and 8339(h) of this title, serv- 
ice performed on and after February 19, 1929, and prior to the 
effective date of section 442 of the Legislative Reorganization 
Act of 1970, as a United States Capitol Guide. 

The Civil Service Commission shall accept the certification of 
the Secretary of Agriculture or his designee concerning service 
for the purpose of this subchapter of the type performed by an 
employee named by paragraph (3) of this subsection. The Civil 
Service Commission shall accept the certification of the Capitol 
Guide Board concerning service for the purpose of this sub- 
chapter of the type described in paragraph (8) of this subsec- 
tion and performed by an employee. For the purpose of para- 
graph (5) of this subsection — 

(A) a volunteer and a volunteer leader are deemed 
receiving pay during their service at the respective rates of 
readjustment allowances payable under sections 2504(c) and 
2505(1) of title 22; and 

(B) the period of an individual's service as a volunteer 
or volunteer leader under chapter 34 of title 22 is the 
period between enrollment as a volunteer or volunteer 
leader and the termination of that service by the President 
or by death or resignation. 

Service referred to in paragraph (6) is allowable only in the case 
of persons performing service under section 709 of title 32, United 



75 



States Code, on or after the effective date of the National Guard 
Technicians Act of 1968. 

(c) Except as provided by subsection (d) of this section, an 
employee or Member shall be allowed credit for periods of military 
service before the date of the separation on which title to annuity is 
based. However, if an employee or Member is awarded retired pay 
on account of military service, his military service may not be cred- 
ited unless the retired pay is awarded — 

(1) on account of a service-connected disability — 

(A) incurred in combat with an enemy of the United 
States; or 

(B) caused by an instrumentality of war and incurred in 
line of duty during a period of war as defined by section 
301 of title 38; or 

(2) under chapter 67 of title 10. 

(d) For the purpose of section 8339(c)(1) of this title, a Mem- 
ber — 

(1) shall be allowed credit only for periods of military serv- 
ice not exceeding 5 years, plus military service performed by the 
Member on leaving his office, for the purpose of performing 
military service, during a war or national emergency proclaimed 
by the President or declared by Congress and before his final 
separation from service as Member ; and 

(2) may not receive credit for military service for which 
credit is allowed for purpose of retired pay under other statute. 

(e) This subchapter does not affect the right of an employee or 
Member to retired pay, pension, or compensation in addition to an 
annuity payable under this subchapter. 

(f) Credit shall be allowed for leaves of absence without pay 
granted an employee while performing military service or while 
receiving benefits under subchapter I of chapter 81 of this title. An 
employee or former employee who returns to duty after a period of 
separation is deemed, for the purpose of this subsection, to have 
been in a leave of absence without pay for that part of the period in 
which he was receiving benefits under subchapter I of chapter 81 of 
this title or any earlier statute on which such subchapter is based. 
Except for a substitute in the postal field service, credit may not be 
allowed for so much of other leaves of absence without pay as exceeds 
6 months in the aggregate in a calendar year. 

(g) An employee who during the period of a war, or of a 
national emergency as proclaimed by the President or declared by 
Congress, leaves his position to enter the military service is deemed, 
for the purpose of this subchapter, as not separated from his civil- 
ian position because of that military service, unless he applies for 
and receives a lump-sum credit under this subchapter. However, the 
employee is deemed as not retaining his civilian position after 
December 31, 1956, or after the expiration of 5 years of that mili- 
tary service, whichever, is later. 

[Emphasis supplied.] 



76 

Title 7 — Agriculture 



7 U.S.C. 1158. Suspension or quota and authorization provisions 

(a) Emergencies; duration of suspension; investigations and 
reports. 

Whenever pursuant to the provisions of this chapter the President 
finds and proclaims that a national economic or other emergency 
exists with respect to sugar or liquid sugar, he shall by proclamation 
suspend the operation, except as provided in section 1117 of this 
title, of all the provisions of subchapter II of this chapter, and, 
thereafter, the operation of subchapter II of this chapter shall con- 
tinue in suspense until the President finds and proclaims that the 
facts which occasioned such suspension no longer exist. The Secre- 
tary shall make such investigations and reports thereon to the Presi- 
dent as may be necessary to aid him in carrying out the provisions 
of this section. During any period that the operation of the provi- 
sions of subchapter II of this chapter is so suspended by the Presi- 
dent, the Secretary shall estimate for each year the amount of sugar 
needed to meet requirements of consumers in the United States and 
the amount the quota for each country would be if calculated on the 
basis as provided in section 1112 of this title. Notice of such estimate 
and quota calculation shall be published in the Federal Register. If 
any country fails to import into the continental United States 
within the quota year, an amount of sugar equal to the amount the 
quota would be as calculated for such country by the Secretary for 
such year, the quota established for such country in subsequent years 
under the provisions of subchapter II of this chapter shall be 
reduced as provided in section 1112(d)(4) of this title: Provided, 
That quotas for subsequent years shall not be reduced when quotas 
are suspended under this subsection and reestablished in the same 
calendar year. 

(b) Discrimination in distribution of quotas or authorizations; 
duration of suspension ; allocation of suspended quantities. 

In the event the President in his discretion, determines that any 
foreign country having a quota or receiving any authorization under 
this chapter to import sugar into the United States, has been or is 
allocating the distribution of such quota or authorization within 
that country so as to discriminate against citizens of the United 
States, he shall suspend the quota or other authorization of that 
country until such time as he has received assurances, satisfactory to 
him, that the discrimination will not be continued. Any quantity so 
suspended shall be allocated in the same manner as deficits are allo- 
cated under the provisions of section 1114 of this title. 

(c) Seizure of property of United States citizens; discrimination 
in taxation and other exactions; restrictive maintenance or opera- 
tional conditions; remedial measures; duration of suspension; alloca- 
tion of suspended quantities. 

In any case in which a nation or political subdivision thereof has, 
on or after January 1, 1967, (1) nationalized, expropriated, or other- 
[ Emphasis supplied.] 



77 



wise seized the ownership or control of the property or business 
enterprise owned or controlled by United States citizens or any cor- 
poration, partnership, or association not less than 50 per centum 
beneficially owned by United States citizens, or (2) imposed upon or 
enforced against such property or business so owned or controlled, 
discriminatory taxes or other exactions, or restrictive maintenance or 
operational conditions (including limiting or reducing participation 
in production, export, or sale of sugar to the United States under 
quota allocation pursuant to this chapter) not imposed or enforced 
with respect to the property or business enterprise of a like nature 
owned or operated by its own nationals or the nationals of any gov- 
ernment other than the Government of the United States, or (3) 
imposed upon or enforced against such property or business enter- 
prise so owned or controlled, discriminatory taxes or other exactions, 
or restrictive maintenance or operational conditions (including lim- 
iting or reducing participaiton in production, export, or sale of 
sugar to the United States under quota allocation pursuant to this 
chapter), or has taken other actions, which have the effect of nation- 
alizing, expropriating or otherwise seizing ownership or control of 
such property or business enterprise, or (i) violated the provisions 
of any bilateral or multilateral international agreement to which the 
United States is a party, designed to protect such property or busi- 
ness enterprise so owned or controlled, and has failed within six 
months following the taking of action in any of the above categories 
to take appropriate and adequate steps to remedy such situation and 
to discharge its obligations under international law toward such citi- 
zen or entity, including the prompt payment to the owner or owners 
of such property or business enterprise so nationalized, expropriated 
or otherwise seized or to provide relief from such taxes, exactions, 
conditions or breaches of such international agreements, as the case 
may be, or to arrange, with the agreement of the parties concerned, 
for submitting the question in dispute to arbitration or conciliation 
in accordance with procedures under which final and binding, deci- 
sion or settlement will be reached and full payment or arrangements 
with the owners for such payment made within twelve months fol- 
lowing such submission, the President may withhold or suspend all 
or any part of the quota under this chapter of such national, and 
either in addition or as an alternative, the President may, under 
such terms and conditions as he may prescribe, cause to be levied 
and collected at the port of entry an impost on any or all sugar 
sought to be imported into the United States from such nation in an 
amount not to exceed $20 per ton, such moneys to be covered in the 
Treasury of the United States into a special trust fund, and he shall 
use such fund to make payment of claims arising on or after Janu- 
ary 1, 1961, as a result of such nationalization, expropriation, or 
other type of seizure or action set forth herein, except that if such 
nation "participates in the quota for the West Indies, the President 
may suspend a portion of the quota for the West Indies which is not 
in excess of the quantity imported from that nation during the pre- 
ceding year, until he is satisfied that appropriate steps are being 
taken, and either in addition or as an alternative he may cause to be 

[Emphasis supplied.] 



78 



levied and collected an impost in an amount not to exceed $20 per 
ton on any or all sugar sought to be imported into the United States 
from such nation for the payment of claims as provided herein. Any 
quantity so withheld or suspended shall be allocated under section 
1112(d) (1) (B) of this title. With respect to any action taken during 
1961 in any of the categories set forth in this subsection, the provi- 
sions of this subsection relating to levying and collecting an impost 
shall apply only if the President so determines. 

(Aug. 8, 1947, ch. 519, title IV, § 408, 61 Stat. 933; July 6, 1960, 
Pub. L. 86-592, S3, 74 Stat. 330; Oct. 14, 1971, Pub. L. 92-138, 
§ 17, 85 Stat. 389.) 



7 U.S.C. 1332. National marketing quota 

(a) Proclamation; duration of program. 

Whenever prior to April 15 in any calendar year the Secretary 
determines that the total supply of wheat in the marketing year 
beginning in the next succeeding calendar year will, in the absence 
of a marketing quota program, likely be excessive, the Secretary 
shall proclaim that a national marketing quota for wheat shall be in 
effect for such marketing year and for either the following market- 
ing year or the following two marketing years, if the Secretary 
determines and declares in such proclamation that a two- or three- 
year marketing quota program is necessary to effectuate the policy 
of the chapter. 

(b) Amount; minimum. 

If a national marketing quota for wheat has been proclaimed for 
any marketing year, the Secretary shall determine and proclaim the 
amount of the national marketing quota for such marketing year not 
earlier than January 1 or later than April 15 of the calendar year 
preceding the year in which such marketing year begins. The 
amount of the national marketing quota for wheat for any market- 
ing year shall be an amount of wheat which the Secretary estimates 
(i) will be utilized during such marketing year for human consump- 
tion in the United States as food, food products, and beverages, 
composed wholly or partly of wheat, (ii) will be utilized during 
such marketing year in the United States for seed, (iii) will be 
exported either in the form of wheat or products thereof, and (iv) 
will be utilized during such marketing year in the United States as 
livestock (including poultry) feed, excluding the estimated quantity 
of wheat which will be utilized for such purpose as a result of the 
substitution of wheat for feed grains under section 1339c of this 
title; less (A) an amount of wheat equal to the estimated imports of 
wheat into the United States during such marketing year and, (B) 
if the stocks of wheat owned by the Commodity Credit Corporation 
are determined by the Secretary to be excessive, an amount of wheat 
determined by the Secretary to be a desirable reduction in such mar- 
keting year in such stocks to achieve the policy of the chapter : Pro- 
vided, That if the Secretary determines that the total stocks of 
wheat in the Nation are insufficient to assure an adequate carryover 
for the next succeeding marketing year, the national marketing 
quota otherwise determined shall be increased by the amount the 



79 



Secretary determines to be necessary to assure an adequate ''car- 
ryover: And provided further, That the national marketing quota 
for wheat for any marketing year shall be not less than one billion 
bushels. 

(c) National emergencies or material increase in demand : investi- 
gation ; increase or termination. 

If, after the proclamation of a national marketing quota for 
wheat for any marketing year, the Secretary has reason to believe 
that, because of a national emergency or because of a material 
increase in the demand for wheat, the national marketing quota 
should be terminated or the amount thereof increased, he shall cause 
an immediate investigation to be made to determine whether such 
action is necessary in order to meet such emergency or increase in 
the demand for wheat. If, on the basis of such investigation, the 
Secretary finds that such action is necessary, he shall immediately 
proclaim such finding and the amount of any such increase found by 
him to be necessary and thereupon such national marketing quota 
shall be so increased or terminated. In case any national marketing 
quota is increased under this subsection, the Secretary shall provide 
for such increase by increasing acreage allotments established under 
this part by a uniform percentage. 

(d) Farm marketing quotas for wheat crops planted in calendar 
years 1966-1970. 

Notwithstanding any other provision of this chapter, the Secre- 
tary shall proclaim a national marketing quota for the crops of 
wheat planted for harvest in the calendar years 1966 through 1970, 
and farm marketing quotas shall not be in effect for such crops of 
wheat. (Feb. 16, 1938, ch. 30, title III, § 332, 52 Stat. 53; Aug. 28, 
1954, ch. 10041, title III, § 307, 68 Stat. 903; Sept. 27, 1962, Pub. L. 
87-703, title III, § 311, 76 Stat. 619; Nov. 3, 1965, Pub. L. 89-321, 
title V, § 501(1), 79 Stat. 1199; Oct. 11, 1968, Pub. L. 90-559, § 1(1), 
82 Stat. 996.) 



7 U.S.C. 1371. General adjustment of quotas 

(a) Investigation and adjustment to maintain normal supply. 

If at any time the Secretary has reason to believe that in the case 
of cotton, rice, peanuts, or tobacco the operation of farm marketing 
quotas in effect will cause the amount of such commodity which is 
free of marketing restrictions to be less than the normal supply for 
the marketing year for the commodity then current, he shall cause 
an immediate investigation to be made with respect thereto. In the 
course of such investigation due notice and opportunity for hearing 
shall be given to interested persons. If upon the basis of such inves- 
tigation the Secretary finds the existence of such fact, he shall pro- 
claim the same forthwith. He shall also in such proclamation specify 
such increase in, or termination of, existing quotas as he finds, on 
the basis of such investigation, is necessary to make the amount of 
such commodity which is free of marketing restrictions equal the 
normal supply. 

[Emphasis supplied.] 



80 



(b) Adjustment because of emergency or export demand. 

// the Secretary has reason to believe that, because of a national 
emergeiwy or because of a material increase in export demand, any 
national marketing quota or acreage allotment for cotton, rice, pea- 
nuts, or tobacco should be increased or terminated, he shall cause an 
immediate investigation to be made to determine whether the 
increase or termination is necessary to meet such emergency or 
increase in export demand. If, on the basis of such investigation, the 
Secretary finds that such increase or termination is necessary, he 
shall immediately proclaim such finding (and if he finds an increase 
is necessary, the amount of the increase found by him to be neces- 
sary) and thereupon such quota or allotment shall be increased, or 
shall terminate, as the case may be. 

(c) Increase of farm quota on increase of national quota. 

In case any national marketing quota or acreage allotment for any 
commodity is increased under this section, each farm marketing 
quota for the commodity shall be increased in the same ratio. (Feb. 
16, 1938, ch. 30. title III, § 371, 52 Stat. 64; Apr. 3, 1941, ch. 39, § 5, 
55 Stat. 92; Aug. 28, 1954, ch. 1041, title III, § 312, 68 Stat. 905; 
Sept. 27, 1962, Pub. L. 87-703, title III, § 321, 76 Stat. C26.) 



7 U.S.C. 1743. Reduction of set-aside 

(a) Such commodity set-aside shall be reduced by disposals made 
in accordance with the directions of the President as follows : 

(1) Donation, sale, or other disposition for disaster or other 
relief purposes outside the United States pursuant to and sub- 
ject to the limitations of subchapter III of chapter 41 of this 
title ; 

(2) Sale or barter (including barter for strategic materials) 
to develop new or expanded markets for American agricultural 
commodities, including but not limited to disposition pursuant 
to and subject to the limitations of subchapter II of chapter 41 
of this title; 

(3) Donation to school-lunch programs; 

(4) Transfer to the national stockpile established pursuant to 
sections 98 to 98h of Title 50, without reimbursement from 
funds appropriated for the purposes of said sections ; 

(5) Donation, sale, or other disposition for research, experi- 
mental, or educational purposes; 

(6) Donation, sale, or other disposition for disaster relief 
purposes in the United States or to meet any national emer- 
gency declared by the President; and 

(7) Sale for unrestricted use to meet a need for increased 
supplies at not less than 105 per centum of the parity price in 
the case of agricultural commodities and a price reflecting 105 
per centum of the parity price of the agricultural commodity in 
the case of products of agricultural commodities. 

The President shall prescribe such terms and conditions for the 
disposal of commodities in the commodity set-aside as he determines 
[Emphasis supplied.] 



81 



will provide adequate safeguards against interference with normal 
marketings of the supplies of such commodities outside the commod- 
ity set-aside. Strategic materials acquired by the Commodity Credit 
Corporation under paragraph (2) of this subsection shall be trans- 
ferred to the national stockpile established pursuant to sections 98 to 
98h of Title 50, and the Commodity Credit Corporation shall be 
reimbursed for the value of the commodities bartered for such stra- 
tegic materials from funds appropriated pursuant to section 98g of 
Title 50. For the purpose of such reimbursement, the value of any 
commodity so bartered shall be the lower of the domestic market 
price or the Commodity Credit Corporation's investment therein as 
of the date of such barter, as determined by the Secretary of Agri- 
culture. 

(b) The quantity of any commodity in the commodity set-aside 
shall be reduced to the extent that the Commodity Credit Corpora- 
tion inventory of such commodity is reduced, by natural or other 
cause beyond the control of the Corporation, below the quantity then 
charged to the commodity set-aside. (Aug. 28, 1954, ch. 1041, title I, 
§ 103, 68 Stat. 897.) 

— N O T E — 

Excerpt from House Kept. 1927, 83d Cong., 2d Sess. (1954) 
commodity set-aside 

Authority is provided for the Commodity Credit Corpo- 
ration, as the President requested, to set-aside reserves up to 
a value of $2,500 million from the present CCC stocks. 
These stocks will be insulated from the commercial supplies 
and used in constructive ways, such as in school-lunch pro- 
grams, disaster relief, aid to the people of other countries, 
and stockpiled reserves at home for use m a national emer- 
gency. 



1 TT.S.C. 1903. Limitations on Government procurement and price 
support; modification during national emergency; statement 
or eligibility 

The public policy declared in this chapter shall be taken into con- 
sideration by all agencies of the Federal Government in connection 
with all procurement and price support programs and operations 
and after June 30, 1960, no agency or instrumentality of the United 
States shall contract for or procure any livestock products produced 
or processed by any slaughterer or processor which in any of its 
plants or in any plants of any slaughterer or processor with which it 
is affiliated slaughters or handles in connection with slaughter live- 
stock by any methods other than methods designated and approved 
by the Secretary of Agriculture (hereinafter referred to as the Sec- 
retary) pursuant to section 1904 of this title: Provided, That during 
the period of any national emergency declared by the President or 
the Congress, the limitations on procurement required by this section 

[Emphasis supplied.] 



82 



may be modified by the President to the extent determined by him 
to be necessary to meet essential procurement needs during such 
emergency. For the purposes of this section a slaughterer or proces- 
sor snail be deemed to be affiliated with another slaughterer or proc- 
essor if it controls, is controlled by, or is under common control 
with, such other slaughterer or processor. After June 30, 1960, each 
supplier from which any livestock products are procured by any 
agency of the Federal Government shall be required by such agency 
to make such statement of eligibility under this section to supply 
such livestock products as, if false, will subject the maker thereof to 
prosecution, section 287 of Title 18. (Pub. L. 85-765, §3, Aug. 27, 
1958, 72 Stat. 862.) 



Title 8 — Aliens and Nationality 



8 TJ.S.C. 1182. Excludable aliens 
(a) General classes. 

Except as otherwise provided in this chapter, the following classes 
of aliens shall be ineligible to receive visas and shall be excluded 
from admission into the United States : 

******* 

(22) Aliens who are ineligible to citizenship, except aliens 
seeking to enter as nonimmigrants; or persons who have 
departed from or who have remained outside the United States 
to avoid or evade training or service in the armed forces in time 
of war or a period declared by the President to be a national 
emergency, except aliens who were at the time of such departure 
nonimmigrant aliens and who seek to reenter the United States 
as nonimmigrants; 



8 U.S.C. 1185. Travel control of citizens and aliens during 

WAR OR NATIONAL EMERGENCY 

(a) Restrictions and prohibitions on aliens. 

When the United States is at war or during the existence of any 
national emergency proclaimed- by the President, or, as to aliens, 
whenever there exists a state of war between or among two or more 
states, and the President shall find that the interests of the United 
states require that restrictions and prohibitions in addition to those 
provided otherwise than by this section be imposed upon the depar- 
ture of persons from and their entry into the United States, and 
shall make public proclamation thereof, it shall, until otherwise 
ordered by the President or the Congress, be unlawful— utuerwlse 

* i 1 L f J >r * ny al l en J? *i? part from or enter or attempt to 
depart from or enter the United States except under such rea- 

[ Emphasis supplied.] 



83 



sonable rules, regulations, and orders, and subject to such limi- 
tations and exceptions as the President may prescribe ; 

(2) for any person to transport or attempt to transport from 
or into the United States another person with knowledge or rea- 
sonable cause to believe that the departure or entry of such 
other person is forbidden by this section ; 

(3) for any person knowingly to make any false statement in 
an application for permission to depart from or enter the 
United States with intent to induce or secure the granting of 
such permission either for himself or for another ; 

(4) for any person knowingly to furnish or attempt to fur- 
nish or assist in furnishing to another a permit or evidence of 
permission to depart or enter not issued and designed for such 
other person's use; 

(5) for any person knowingly to use or attempt to use any 
permit or evidence of permission to depart or enter not issued 
and designed for his use; 

(6) for any person to forge, counterfeit, mutilate, or alter, or 
cause or procure to be forged, counterfeited, mutilated, or 
altered, any permit or evidence of permission to depart from or 
enter the United States; 

(7) for any persons knowingly to use or attempt to use or 
furnish to another for use any false, forged, counterfeited, muti- 
lated, or altered permit, or evidence of permission, or any 
permit or evidence of permission which, though originally valid, 
has become or been made void or invalid. 

(b) Citizens. 

After such proclamation as is provided for in subsection (a) of 
this section has been made and published and while such proclama- 
tion is in force, it shall, except as otherwise provided by the Presi- 
dent, and subject to such limitations and exceptions as the President 
may authorize and prescribe, be unlawful for any citizen of the 
United States to depart from or enter, or attempt to depart from or 
enter, the United States unless he bears a valid passport. 

(c) Penalties. 

Any person who shall willfully violate any of the provisions of 
this section, or of any order or proclamation of the President pro- 
mulgated, or of any permit, rule, or regulation issued thereunder, 
shall, upon conviction, be fined not more than $5,000, or, if a natural 
person, imprisoned for not more than five years, or both; and the 
officer, director, or agent of any corporation who knowingly partici- 
pates in such violation shall be punished by like fine or imprison- 
ment, or both; and any vehicle, vessel, or aircraft together with its 
appurtenances, equipment, tackle, apparel, and furniture concerned 
in any such violation, shall be forfeited to the United States. 

(d) Definitions. 

The term "United States'' as used in this section includes the 
Canal Zone, and all territory and waters, continental or insular, sub- 
ject to the jurisdiction of the United States. The term "person" as 
used in this section shall be deemed to mean any individual, partner- 

[Empbasis supplied.] 



84 



ship, association, company, or other incorporated body of individu- 
als, or corporation, or body politic. 

(e) Nonadmission of certain aliens. 

Nothing in this section shall be construed to entitle an alien to 
whom a permit to enter the United States has been issued to enter 
the United States, if, upon arrival in the United States, he is found 
to be inadmissible under any of the provisions of this chapter, or 
any other law, relative to the entry of aliens into the United States. 

(f ) Revocation of proclamation as affecting penalties. 

The revocation of any proclamation, rule, regulation, or order 
issued in pursuance of this section shall not prevent prosecution for 
any offense committed, or the imposition of any penalties or forfeit- 
ures, liability for which was incurred under this section prior to the 
revocation of such proclamation, rule, regulation, or order. 

(g) Permits to enter. 

Passports, visas, reentry permits, and other documents required 
for entry under this chapter may be considered as permits to enter 
for the purposes of this section. (June 27, 1952, ch. 477, title II, ch. 
2, § 215, 66 Stat. 190.) 

—NOTE— 



Excerpt from Hottse Reft. 485, 65th Cong., 2d Sess. (1917) 

The bill is intended to stop an important gap in the war 
legislation of the United States. When the war began in 
1914 the necessity of controlling foreign travel was immedi- 
ately recognized by the belligerents and all adopted strin- 
gent systems of regulation. It is a matter of common knowl- 
edge that Germany has from time to time closed her 
borders entirely. As soon as this country entered the war 
the President provided by regulations 9 and 10 of this proc- 
lamation of April 6, 1917, that German alien enemies 
might not enter or leave the United States without securing 
permission. When war was declared against Austria-Hun- 
gary similar regulations were promulgated concerning Aus- 
tro-Hungarian alien enemies. 

This measure of limitation of foreign travel was far from 
sufficient. To begin with it left unaffected journeys by 
women of enemy nationality. Such journeys are now par- 
tially restrained by section 3(6) of the Trading With the 
Enemy Act. Even this act leaves American citizens and neu- 
trals perfectly free to come and go. No argument is neces- 
sary to indicate the probability that Germany will wherever 
possible employ renegade Americans or neutrals as her 
agents instead of employing Germans about whom suspicion 
would easily be excited. The danger of the transference of 
important military information causes the Government 
great anxiety, particularly as the Attorney General has for- 
mally ruled that neither the President nor the executive 
departments have power to curb the general departure and 
entry of travelers. 

[Emphasis supplied.] 



85 



8 U.S.C. 1440. Naturalization through active-duty service in the 

ARMED FORCES DURING WORLD WaB I, WORLD WAR II, KOREAN HOS- 
TILITIES, Vietnam hostilities, or other periods op military hos- 

TILITES 

(a) Requirements. 

Any person who, while an alien or a noncitizen national of the 
United States, has served honorably in an active-duty status in the 
military, air, or naval forces of the United States during either 
World War I or during a period beginning September 1, 1939, and 
ending December 31, 1946, or during a period beginning June 25, 
1950, and ending July 1, 1955, or during a period beginning Febru- 
ary 28, 1961, and ending on a date designated by the President by 
Executive order as of the date of termination of the Vietnam hostil- 
ities, or thereafter during amy other period which the President by 
Executive order shall designate as a period in which Armed Forces 
of the United States are or were engaged in military operations 
involving armed conflict with a hostUe foreign force, and who, if 
separated from such service, was separated under honorable condi- 
tions, may be naturalized as provided in this section if (1) at the 
time of enlistment or induction such person shall have been in the 
United States, the Canal Zone, American Samoa, or Swains Island, 
whether or not he has been lawfully admitted to the United States 
for permanent residence, or (2) at any time subsequent to enlistment 
or induction such person shall have been lawfully admitted to the 
United States for permanent residence. The executive department 
under which such person served shall determine whether persons 
have served honorably in an active-duty status, and whether separa- 
tion from such service was under honorable conditions: Provided, 
however, That no person who is or has been separated from such 
service on account of alienage, or who was a conscientious objector 
Who performed no military, air, or naval duty whatever or refused 
to wear the uniform, shall be regarded as having served honorably 
or having been separated under honorable conditions for the pur- 

Eoses of this section. No period of service in the Armed Forces shall 
e made the basis of a petition for naturalization under this section 
if the applicant has previously been naturalized on the basis of the 
same period of service. 

(b) Exceptions. 

A person filing a petition under subsection (a) of this section 
shall comply in all other respects with the requirements of this sub- 
chapter, except that — 

(1) he may be naturalized regardless of age, and notwith- 
standing the provisions of section 1429 of this title as they 
relate to deportability and the provisions of section 1442 of this 
title; 

(2) no period of residence or specified period of physical 
presence within the United States or any State shall be 
required ; 

(3) the petition for naturalization may be filed in any court 
having naturalization jurisdiction regardless of the residence of 
the petitioner; 

[Emphasis supplied.] 



86 



(4) service in the military, air or naval forces of the United 
States shall be proved by a duly authenticated certification from 
the executive department under which the petitioner served or is 
serving, which shall state whether the petitioner served honora- 
bly in an active-duty status during either World War I or 
during a period beginning September 1, 1939, and ending 
December 31, 1946, or during a period beginning June 25, 1950, 
and ending July 1, 1955, or during a period beginning February 
28, 1961, and ending on a date designated by the President by 
Executive order as the date of termination of the Vietnam hos- 
tilities, or thereafter during any other period which the Presi- 
dent by Executive order shall designate as a period in_ which 
Armed Forces of the United States are or were engaged in mili- 
tary operations involving armed conflict with a hostile foreign 
force, and was separated from such service under honorable con- 
ditions; and 

(5) notwithstanding section 1447 (c) of this title, the peti- 
tioner may be naturalized immediately if prior to the filing of 
the petition the petitioner and the witnesses shall have appeared 
before and been examined by a representative of the Service. 

(c) Revocation. 

Citizenship granted pursuant to this section may be revoked in 
accordance with section 1451 of this title if at any time subsequent 
to naturalization the person is separated from the military, air, or 
naval forces under other than honorable conditions, and such ground 
for revocation shall be in addition to any other provided by law. 
The fact that the naturalized person was separated from the service 
under other than honorable conditions shall be proved by a duly 
authenticated certification from the executive department under 
which the person was serving at the time of separation. 

(d) Applicability of petitions filed prior to January 1, 1947. 

The eligibility for naturalization of any person who filed a peti- 
tion for naturalization prior to January 1, 1947, under section 701 of 
the Nationality Act of 1940, as amended (56 Stat. 182, 58 Stat. 886, 
59 Stat. 658), and which is still pending on the effective date of this 
chapter, shall be determined in accordance with the provisions of 
this section. (June 27, 1952, ch. 477, title III, ch. 2, § 329, 66 Stat. 
250; Sept. 26, 1961, Pub. L. 87-301, § 8, 75 Stat. 654; Oct. 24, 1968, 
Pub. L. 90-633, §§ 1, 2, 6, 82 Stat. 1343, 1344.) 



8 TJ.S.C. 1440e. Exemption from naturalization fees for aliens 

NATURALIZED THROUGH SERVICE DURING VIETNAM HOSTILITIES OR 
OTHER SUBSEQUENT PERIOD OF MILITARY HOSTILITIES; REPORT BY 
CLERKS OF COURTS TO ATTORNEY GENERAL 

Notwithstanding any other provision of law, no clerk of a United 
States court shall charge or collect a naturalization fee from an 
alien who has served in the military, air, or naval forces of the 
United States during a period beginning February 28, 1961, and 
ending on the date designated by the President by Executive order as 

[Emphasis supplied.] 



87 



the date of termination of the Vietnam hostilities, or thereafter 
during any other period which the President by Executive order 
shall designate as a period in which Armed Forces of the United 
States are or were engaged in military operations involving armed 
conflict with a hostile foreign force, and who is applying for natu- 
ralization during such periods under section 1440 of this title, for 
filing a petition for naturalization or issuing a certificate of natural- 
ization upon his admission to citizenship, and no clerk of any State 
court shall charge or collect any fee for such services unless the laws 
of the State require such charge to be made, in which case nothing 
more than the portion of the fee required to be paid to the State 
shall be charged or collected. A report of all transactions under this 
section shall be made to the Attorney General as in the case of other 
reports required of clerks of courts by this subchapter. (Pub. L. 
90-633, § 3, Oct. 24, 1968, 82 Stat. 1344.) 

— N O T E — 

Excerpt from House Reft. 1968, 90th Cong., 2d Sess. (1968) 

. . . This section represents a long legislative history 
which has made service during prescribed periods the sole 
criterion for eligibility without regard to the areas in which 
the service may have been performed. The House conferees 
recognized and agreed that a serviceman's availability for 
assignment to a combat zone is ever present and that serv- 
icemen serving during the period of the Vietnam hostilities 
are no less deserving of such special naturalization privi- 
leges than those who served during World War I, World 
War II, or the Korean conflict. Furthermore, limiting the 
special benefits to members of the Armed Forces serving in 
defined combatant areas will lead to uncertainty and become 
a question of fact in each case whether the serviceman has 
served hi such an area. 



8 U.S.C. 1442. Alien enemies 

(a) Naturalization under specified conditions. 

An alien who is a native, citizen, subject, or denizen of any coun- 
try, state, or sovereignty with which the United States is at war 
may, after his loyalty has been fully established upon investigation 
by the Attorney General, be naturalized as a citizen of the United 
States if such alien's petition for naturalization shall be pending at 
the beginning of the state of war and the petitioner is otherwise 
entitled to admission to citizenship. 

(b) Procedure. 

An alien embraced within this section shall not have his petition 
for naturalization called for a hearing, or heard, except after ninety 
days' notice given by the clerk of the court to the Attorney General 
to be represented at the hearing, and the Attorney General's objec- 
tion to such final hearing shall cause the petition to be continued 

[Emphasis supplied.] 



88 



from time to time for so long as the Attorney General may require. 

(c) Exceptions from classification. 

The Attorney General may, in his discretion, upon investigation 
fully establishing the loyalty of any alien enemy who did not have a 
petition for naturalization pending at the beginning of the state of 
war, except such alien enemy from the classification of alien enemy 
for the purposes of this subchapter, and thereupon such alien shall 
have the privilege of filing a petition for naturalization. 

(d) Effect of cessation of hostilities. 

An alien who is a native, citizen, subject, or denizen of any coun- 
try, state, or sovereignty with which the United States is at war 
shall cease to be an alien enemy within the meaning of this section 
upon the determination by proclamation of the President, or by con- 
current resolution of the Congress, that hostilities between the 
United States and such country, state, or sovereignty have ended. 
Notwithstanding the provisions of section 405 (b) of this Act, this 
subsection shall also apply to the case of any such alien whose peti- 
tion for naturalization was filed prior to the effective date of this 
chapter and which is still pending on that date. 

(e) Apprehension and removal. 

Nothing contained herein shall be taken or construed to interfere 
with or prevent the apprehension and removal, consistent with law, 
or any alien enemy at any time prior to the actual naturalization of 
such alien. (June 27, 1952, ch. 477, title III, ch. 2, § 331, 66 Stat. 
252.) 

—NOTE— 

Excerpt from House Reft. 1365, 82d Cong., 2d Sess. (1952) 
alien enemies 

The bill continues the provisions of existing law with ref- 
erence to the naturalization of alien enemies. However, 
subsection (e) of section 331 is new, and provides that an 
alien enemy shall cease to have that status within the mean- 
ing of the section, upon the determination by proclamation 
of tlie President, or by concurrent resolution of the Con- 
gress, that hostilities between the United States and th© 
alien's former country have ended. This new provision will 
permit the processing of petitions for naturalization of 
alien enemies after hostilities have ceased but before an 
actual treaty has been ratified. 



8 U.S.C. 1481. Loss of nationality bt native-born or naturalized 

CITIZEN ; VOLUNTARY ACTION J BURDEN OF PROOF ; PRESUMPTIONS 

(a) From and after the effective date of this chapter a person 
who is a national of the United States whether by birth or naturali- 
zation, shall lose his nationality by 



[Emphasis supplied.] 



89 



(10) departing from or remaining outside of the jurisdiction 
of the United States in time of war or during a period declared 
by the President to be a period of national emergency for the 
purpose of evading or avoiding training and service in the mili- 
tary, air, or naval forces of the United States. For the purposes 
of this paragraph failure to comply with any provision of any 
compulsory service laws of the United States shall raise the pre- 
sumption that the departure from or absence from the United 
States was for the purpose of evading or avoiding training and 
service in the military, air, or naval forces of the United States. 

— N 0 T E — 

Excerpt from Hotjse Reft. 1365, 82d Cong., 2d Sess. (1952) 

The tenth act causing loss of nationality is departing 
from or remaining outside of the United States in time of 
war or during a proclaimed national emergency for the 
purpose of evading or avoiding training and service in the 
military, air, or naval forces. The bill adds a provision that 
the failure to comply with any provision of any compulsory 
service laws of the United States shall raise the presump- 
tion that the departure from or absence from the United 
States was for the purpose of evading or avoiding training 
and service. 



Title 10 — Armed Forces 



10 U.S.C. 123. Suspension op certain provisions op law relating 

TO RESERVE COMMISSIONED OFFICERS 

(a) In time of war, or of national emergency declared by Con- 
gress, the President may suspend the operation of any provision of 
the following sections of this title with respect to any armed force: 
281, 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352(a) 
(last sentence) , 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 
3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 
3388, 3389, 3390, 3392, 3393, 3494, 3571, 3819, 3820(c), 3843, 3844, 
3845, 3846, 3847, 3848, 3850, 3851, 3852, 3853, 3854, 3855, 5414, 5457, 
5458, 5506, 5600, 5665, 5867, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 
5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5908, 5909, 5910, 
5911, 6391, 6397, 6398, 6403, 6410, 8217, 8218, 8219, 8353; 8354, 8358, 
8359, 8360, 8361, 8362, 8363, 8365, 8366, 8367, 8368, 8370, 8371, 8372, 
8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8494, 
8571, 8819, 8843, 8844, 8845, 8846, 8847, 8848, 8850, 8851, 8852, 8853, 
and 8855. 

(b) If a provision is so suspended, the Secretary of Defense shall, 
before the end of that suspension, recommend to Congress legislation 
necessary to adjust the grades of reserve commissioned officers other 



[Emphasis supplied.] 



90 



than commissioned warrant officers. So far as practicable, this legis- 
lation shall be the same as that recommended for adjusting the 
grades of officers of the regular component of the armed force con- 
cerned. (Added Pub. L. 85-861, § 1 (2) (A), Sept. 2, 1958, 72 Stat. 
1437, and amended Pub. L. 86-559, § 1 (1), June 30, 1960, 74 Stat. 
264; Pub. L. 89-718, § 1, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 
90-130, § 1(1), Nov. 8, 1967, 81 Stat. 374.) 

(b) Notwithstanding subsection (a), if the President determines it 
to be necessary became of hostilities or an imminent threat of hostil- 
ities, any function, power, or duty, including one assigned to the 
Army, Navy, Air Force, or Marine Corps by section 3062(b), 5012, 
5013, or 8062(c) of this title, may be transferred, reassigned, or con- 
solidated. The transfer, reassignment, or consolidation remains in 
effect until the President determines that hostilities have terminated 
or that there is no longer an imminent threat of hostilities, as the 
case may be. 

(c) Notwithstanding subsection (a), the Secretary of Defense may 
assign or reassign the development and operational use of new weap- 
ons or weapons systems to one or more of the military departments 
or one or more of the armed forces. However, notwithstanding any 
other provision of this title or any other law, the Secretary of 
Defense shall not direct or approve a plan to initiate or effect a sub- 
stantial reduction or elimination of a major weapons system until 
the Secretary of Defense has reported all the pertinent details of the 
proposed action to the Congress of the United States while the Con- 
gress is in session. 

(d) In subsection (a)(1), "major combatant function, power, or 
duty" does not include a supply or service activity common to more 
than one military department. The Secretary of Defense shall, 
whenever he determines it will be more effective, economical, or 
efficient, provide for the performance of such an activity by one 
agency or such other organizations as he considers appropriate. 
(Added Pub. L. 87-651, title II, § 201(a), Sept. 7, 1962, 76 Stat. 
515 and amended Pub. L. 89-501, title IV, § 401, July 13, 1966, 80 
Stat. 278.) 



10 U.S.C. 125. Functions, powers, and duties : transfer, 

REASSIGNMENT, CONSOLIDATION , OR ABOLITION 

(a) Subject to section 401 of title 50, the Secretary of Defense 
shall take appropriate action (including the transfer, reassignment, 
consolidation, or abolition of any function, power, or duty) to pro- 
vide more effective, efficient, and economical administration and 
operation, and to eliminate duplication, in the Department of 
Defense. However, except as provided by subsections (b) and (c), a 
function, power, or duty vested in the Department of Defense, or an 
officer, official, or agency thereof, by law may not be substantially 
transferred, reassigned, consolidated, or abolished unless the Secre- 
tary reportsrthe details of the proposed transfer, reassignment, con- 
solidation, or abolition to the Committees on Armed Services of the 

(Emphasis supplied.] 



91 



Senate and House of Representatives. The transfer, reassignment, 
consolidation, or abolition concerned takes effect on the first day 
after the expiration of the first 30 days that Congress is in continu- 
ous session after the Secretary so reports, unless either of those 
Committees, within that period, reports a resolution recommending 
that the proposed transfer reassignment, consolidation, or abolition 
be rejected by the Senate or the House of Representatives, as the 
case may be, because it— 

(1) proposes to transfer, reassign, consolidate, or abolish a 
major combatant function, power, or duty assigned to the Army, 
Navy, Air Force, or Marine Corps by section 3062(b), 5012, 
5013 or 8062(c) of this title; and 

(2) would in its judgment, tend to impair the defense of the 
United States. 

If either of those Committees, within that period, reports such a 
resolution and it is not adopted by the Senate or the House of Rep- 
resentatives, as the case may be, within the first 40 days that Con- 
gress is in continuous session after that resolution is so reported, the 
transfer, reassignment, consolidation, or abolition concerned takes 
effect on the first day after the expiration of that forty-day period. 
For the purposes of this subsection, a session may be considered as 
not continuous only if broken by an adjournment of Congress sine 
die. However, in computing the period that Congress is in continu- 
ous session, days that the Senate or the House of Representatives is 
not in session because of an adjournment of more than three days to 
a day certain are not counted. 



10 U.S.C. 142. Chairman 

(a) The Chairman of the Joint Chiefs of Staff shall be appointed 
by the President, by and with the advice and consent of the Senate, 
from the officers of the regular components of the armed forces. He 
serves at the pleasure of the President for a term of two years, and 
may be reappointed in the same manner for one additional term. 
However, in time of war declared by Congress there is no limit on 
the number of reappointments. 

(b) In addition to his other duties as a member of the Joint 
Chiefs of Staff, the Chairman shall, subject to the authority and 
direction of the President and the Secretary of Defense — 

(1) preside over the Joint Chiefs of Staff; 

(2) provide agenda for the meetings of the Joint Chiefs of 
Staff and assist them in carrying on their business as promptly 
as practicable ; and 

(3) inform the Secretary of Defense, and, when the President 
or the Secretary of Defense considers it appropriate, the Presi- 
dent, of those issues upon which the Joint Chiefs of Staff have 
not agreed. 

(c) While holding office, the Chairman outranks all other officers 
of the armed forces. However, he may not exercise military com- 

I Emphasis supplied.] 



92 



mand over the Joint Chiefs of Staff or any of the armed forces. 
(Aug. 10, 1956, oh. 1041, 70A Stat. 7; Sept. 7, 1962, Pub. L. 87-649, 
§ 14c(l), 76 Stat. 501.) 



10 U.S.C. 143. Joint Staff 

(a) There is under the Joint Chiefs of Staff a Joint Staff consist- 
ing of not more than 400 officers selected by the Joint Chiefs of 
Staff with the approval of the Chairman. The Joint Staff shall be 
selected in approximately equal numbers from — 

( 1 ) the Army ; 

(2) the Navy and the Marine Corps ; and 

(3) the Air Force. 

The tenure of the members of the Joint Staff is subject to the 
approval of the Chairman of the Joint Chiefs of Staff, and except 
in time of war, no such tenure of duty may be more than three 
years. Except in time of war, officers completing a tour of duty with 
the Joint Staff may not be reassigned to the Joint Staff for a period 
of not less than three years following their previous tour of duty on 
the Joint Staff except that selected officers may be recalled to Joint 
Staff duty in less than three years with the approval of the Secre- 
tary of Defense in each case. The number of such officers recalled to 
Joint Staff duty in less than three years shall not exceed 30 serving 
on the Joint Staff at any one time. 

(b) The Chairman of the Joint Chiefs of Staff in consultation 
with the Joint Chiefs of Staff, and with the approval of the Secre- 
tary of Defense, shall select the Director of the Joint Staff. Except 
in time of war, the tour of duty of the Director may not exceed 
three years. Upon the completion of a tour of duty as Director of 
the Joint Staff, the Director, except in time of war, may not be reas- 
signed to the Joint Staff. The Director must be an officer junior in 
grade to each member of the Joint Chiefs of Staff. 

(c) The Joint Staff shall perform such duties as the Joint Chiefs 
of Staff or the Chairman prescribes. The Chairman of the Joint 
Chiefs of Staff manages the Joint Staff and its Director, on behalf 
of the Joint Chiefs of Staff. 

(d) The Joint Staff shall not operate or be organized as an over- 
all Armed Forces General Staff and shall have no executive author- 
ity. The Joint Staff may be organized and may operate along con- 
ventional staff lines to support the Joint Chiefs of Staff in 
discharging their assigned responsibilities. (Aug. 10, 1956, ch. 1041, 
70A Stat. 7; Aug. 6, 1958, Pub. L. 85-599, § 5 (a), 72 Stat. 517.) 

—NOTE— 

Excerpt from Senate Kept. 1876, 87th Cong., 2d Sess. (1962) 

The proposed legislation will give the executive branch, 
in clear and unequivocal terms, authority to accomplish all 
that it has said it wants to do. At the same time, provision 
[Emphasis supplied.] 



93 



is made for Congress to retain and exercise the responsibil- 
ities imposed upon it by the Constitution. 

******* 
The policy provision of existing law and the proposed 
legislation states that the military departments are not to be 
merged. All witnesses appearing before the committee, and 
the President, have stated that the military departments 
should not be merged. Great emphasis has been placed on 
the efficiency of decentralization in an organization of this 
magnitude. 

******* 
Finally, it should be noted that the proposed section 3 
gives the President full and absolute power, without restric- 
tions of any nature, to transfer, reassign, or consolidate any 
function (including combatant functions) in time of hostili- 
ties or imminent threat of hostilities. Upon the termination 
of hostilities or imminent threat of hostilities, the functions 
will revert to their former status. The paragraph of the 
proposed section 3 gives the President unlimited flexibility 
when immediate decisions are required. The President is 
given the sole authority to determine when hostilities exist 
or when there is "imminent threat of hostilities." 

— NOTE— 

Excerpt prom House Reft. 1066, 82d Cong., 2d Sess. (1952) 

mission and purpose of the reserve components 

Generally. — The mission of the reserve components is to 
provide the initial forces in mobilization. It is not to be 
construed to imply that the Reserves will be relieved when 
additional personnel and units are available, but that they 
will be continued on active duty or released in accordance 
with the needs of the Armed Forces dependent upon the 
extent of the planned mobilization. In addition, the mission 
of the reserve components includes the supplying of person- 
nel necessary for enabling the Armed Forces to attain their 
authorized strengths at other times. 



10 U.S.C. 262. Purpose 

The purpose of each reserve component is to provide trained units 
and qualified persons available for active duty in the armed forces, 
in time of war or natwn-al emergency and at such other times as the 
national security requires, to fill the needs of the armed forces when- 
ever, during, and after the period needed to procure and train addi- 
tional units and qualified persons to achieve the planned mobiliza- 
tion, more units and persons are needed than are in the regular 

[Emphasis supplied.] 



94 



components. (Aug. 10, 1956, ch. 1041, 70A Stat 10; Dec. 1, 1967, 
Pub. L. 90-168, § 2(5), 81 Stat 521.) 



10 U.S.C. 263. Basic policy for ordeb into Federal service 

Whenever Congress determines that more units and organizations 
are needed for the national security than are in the regular compo- 
nents of the ground and air forces, the Army National Guard of the 
United States and the Air National Guard of the United States, or 
such parts of them as are needed, together with units of other 
reserve components necessary for a balanced force, shall be ordered 
to aotive duty and retained as long as so needed. (Aug. 10, 1956, ch. 
1041, 70A Stat. 11.) 



Historical and Revision Notes 



Revised 
section 


Source (U.S. Code) 


Source (Statutes at Large) 


263_ _ 


50: 921 (b) (less 1st sentence). 


July 9, 1952, ch. 608, § 201(b) 
(less 1st sentence), 66 Stat. 482. 



The words "It is the intent of Congress that" are omitted as surplusage. The 
words "more * * * than are in" are substituted for the words "in excess of 
those". The words "active duty" are substituted for the words "active military 
service of the United States". The words "as long as so needed" are substi- 
tuted for the words "so long as such necessity exists". 

Presidential Authorization To Order Ready Reserve to Active Duty 

Pub. L. 89-687, title I, § 101, Oct. 15, 1966, 80 Stat 981, as amended by Pub. 
L. 90-500, title III, § 303, Sept 20, 1968, 82 Stat. 850, provided that : 

"(a) Notwithstanding any other provision of law, until June 30, 1968, the 
President may order to active duty any member of the Ready Reserve of an 
armed force who — 

"(1) is not assigned to, or participating satisfactorily in, a unit in the 
Selected Reserve, and 

"(2) has not fulfilled his statutory reserve obligation, and 

"(3) has not served on active duty or active duty for training for a total of 
twenty-four months. 

"(b) Notwithstanding the provisions of any other law, until June 30, 1968, 
the President may order to active duty any member of the Ready Reserve of 
an armed force who had become a member of a reserve component prior to 
July 1, 1966 ; and who 

"(1) has not served on active duty or active duty for training for a period 
of one hundred and twenty days or more; and 

"(2) has not fulfilled his statutory reserve military obligation. 

"(c) A member ordered to active duty under this section may be required to 
serve on active duty until his total service on active duty or active duty for 
training equals twenty-four months. If the enlistment or period of military 
service of a member of the Ready Reserve ordered to active duty under 
subsection (a) or (b) of this section would expire before he has served the 
required period of active duty prescribed herein, his enlistment or period of 
military service may be extended until that service on active duty has been 
completed. 

[Emphasis supplied.] 



95 



"(d) In order to achieve fair treatment as between members in the Ready 
Reserve who are being considered for active duty under this section, appropri- 
ate consideration shall be given to — 

"(1) family responsibilities; and 

"(2) employment necessary to maintain the national health, safety, or 
interest. 

"(e) Notwithstanding any other provision of law, until June 30, 1969, the 
President may, when he deems it necessary, order to active duty any unit of 
the Ready Reserve of an armed force for a period of not to exceed twenty- 
four months." 

Pub. L. 87-736, Oct. 3. 1962, 76 Stat 710, authorized the President, until 
February 28, 1963, to order any unit, and any member of the Ready Reserve 
of an armed force to active duty for not more than twelve consecutive months. 

Pub. L. 87-117, Aug. 1, 1961, 75 Stat. 242, authorized tile President, until 
July 1. 1962, to order any unit, and any member not assigned to a unit orga- 
nized to serve as a unit, in the Ready Reserve of an armed force to active 
duty for not more than twelve consecutive months. 



10 U.S.C. 269. Ready Reserve: placement in; transfer from 

(a) Each person required under law to serve in a reserve compo- 
nent shall, upon becoming a member, be placed in the Ready Reserve 
•of his armed force for his prescribed term of service, unless he is eli- 
gible to transfer to the Standby Reserve under subsection (e) . 

(b) The units and members of the Army National Guard of the 
United States and of the Air National Guard of the United States 
are in the Ready Reserve of the Army and the Ready Reserve of the 
Air Force, respectively. 

(c) All Reserves assigned to units organized to serve as units and 
designated as units in the Ready Reserve are in the Ready Reserve. 

(d) Under such regulations as the Secretary concerned may pre- 
scribe, any qualified Reserve may, upon his request, be placed in the 
Ready Reserve. However, a member of the Retired Reserve who is 
entitled to retired pay may not be placed in the Ready Reserve 
unless the Secretary concerned makes a special finding that the 
member's services in the Ready Reserve are indispensable. The Sec- 
retary concerned may not delegate his authority under the preceding 
sentence : 

(e) Except in time of tear or of national emergency declared by 
Congress, a Reserve who is not on active duty, or who is on active 
duty for training, shall, upon his request, be transferred to the 
; Standby Reserve for the rest of his term of service, if — 

(1) he served on active duty (other than for training) in the 
armed forces for an aggregate of at least five years ; or 

(2) he served on active duty (other than for training) in the 
armed forces for an aggregate of less than five years, but satis- 
factorily participated, as determined by the Secretary con- 
cerned, in an accredited training program in the Ready Reserve 
for a period which, when added to his period of active duty 
(other than for training), totals at least five years, or such 
shorter period as the Secretary concerned, with the approval of 
the Secretary of Defense in the case of a Secretary of a military 

i [Emphasis supplied.] 



96 



department, may prescribe for satisfactory participation in an 
accredited training program designated by the Secretary con- 
cerned. 

This subsection does not apply to a member of the Ready Reserve 
while he is serving under an agreement to remain in the Ready 
Reserve for a stated period. 

(f) Subject to subsection (g), a member in the Ready Reserve 
may be transferred to the Standby Reserve or, if he is qualified and 
so requests, to the Retired Reserve, under such regulations as the 
Secretary concerned, with the approval of the Secretary of Defense 
in the case of a Secretary of a military department, may prescribe. 

(g) A member of the Army National Guard of the United States 
or the Air National Guard of the United States may be transferred 
to the Standby Reserve only with the consent of the governor or 
other appropriate authority of the State or Territory, Puerto Rico, 
the Canal Zone, or the District of Columbia, whichever is concerned. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 12; Sept. 2, 1958, Pub. L. 
85-861, § 1 (4), 72 Stat. 1437; June 30, 1960, Pub. L. 86-599, § 1 
(2) (A), 74 Stat. 264; Dec. 1, 1967, Pub. L. 90-168, § 2 (9), 81 Stat. 
522.) 



10 U.S.C. 271. Ready Reserve : continuous screening 

Under regulations to be prescribed by the President, each armed 
force shall provide a system of continuous screening of units and 
members of the Ready Reserve to insure that — 

(1) there will be no significance attrition of those members or 
units during a mobilization ; 

(2) there is a proper balance of military skills; 

(3) except for those with military skills for which there is an 
overriding requirement, members having critical civilian skills 
are not retained in numbers beyond the need for those skills; 

(4) with due regard to national security and military require- 
ments, recognition will be given to participation in combat; and 

(5) members whose mobilization in an emergency would 



retained in the Ready Reserve. 
(Added Pub. L. 85-861, § 1 (5) (A), Sept. 2, 1958, 72 Stat. 



10 U.S.C. 331. Federal add for State governments 

Whenever there is an insurrection in any State against its govern- 
ment, the President may, upon the request of its legislature or of its 
governor if the legislature cannot be convened, call into Federal 
service such of the militia of the other States, in the number 
requested by that State, and use such of the armed forces, as he con- 
siders necessary to suppress the insurrection. (Aug. 10, 1956, ch. 



result in an extreme personal 




1041, 70A Stat. 15.) 



[Emphasis supplied.] 



97 



10 U.S.C. 332. Use of militia and armed forces to enforce 
Federal authority 

Whenever the President considers that unlawful obstructions, 
combinations, or assemblages, or rebellion against the authority of 
the United States, make it impracticable to enforce the laws of the 
United States in any State or Territory by the ordinary course of 
judicial proceedings, he may call into Federal service such of the 
militia of any State, and use such of the armed forces, as he consid- 
ers necessary to enforce those laws or to suppress the rebellion. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 15.) 



10 U.S.C. 333. Interference with State and Federal law 

The President, by using the militia or the armed forces, or both, 
or by any other means, shall take such measures as he considers 
necessary to suppress, in a State, any insurrection, domestic violence, 
unlawful combination, or conspiracy, if it — 

(1) so hinders the execution of the laws of that State, and of 
the United States within the State, that any part or class of its 
people is deprived of a right, privilege, immunity, or protection 
named in the Constitution and secured by law, and the consti- 
tuted authorities of that State are unable, fail, or refuse to pro- 
tect that right, privilege, or immunity, or to give that protec- 
tion ; or 

(2) opposes or obstructs the execution of the laws of the 
United States or impedes the course of justice under those laws. 

In any situation covered by clause (1), the State shall be consid- 
ered to have denied the equal protection of the laws secured by the 
Constitution. (Aug. 10, 1956, ch. 1041, 70A Stat. 15.) 



10 U.S.C. 334. Proclamation to disperse 

Whenever the President considers it necessary to use the militia or 
the armed forces under this chapter, he shall, by proclamation, 
immediately order the insurgents to disperse and retire peaceably to 
their abodes within a limited time. (Aug. 10, 1956, ch. 1041, 70A 
Stat. 16.) 



10 U.S.C. 351. During war or threat to national security 

(a) The President, through any agency of the Department of 
Defense designated by him, may arm, have armed, or allow to be 
armed, any watercraft or aircraft that is capable of being used as a 
means of transportation on, over, or under water, and is docu- 
mented, registered, or licensed under the laws of the United States. 

[Emphasis supplied.] 



98 



(b) This section applies during a war and at any other time when 
the President determines that the security of the United States is 
threatened by the application, or the imminent danger of applica- 
tion, of physical force by any foreign government or agency against 
the United States, its citizens, the property of its citizens, or their 
commercial interests. 

(c) Section 463 of title 22 does not apply to vessels armed under 
this section. ( Aug. 10, 1956, ch. 1041, 70A Stat. 16.) 



10 U.S.C. 506. Regular components : extension of enlistments 

DURING WAR 



An enlistment in the Regular Army, Regular Navy, Regular Air 
Force, Regular Marine Corps, or Regular Coast Guard in effect at 
the beginning of a war, or entered into during a war, unless sooner 
terminated by the President, continues in effect until six months 
after the termination of that war. (Added Pub. L. 90-235, § 
2(a) (1) (B), Jan. 2, 1968, 81 Stat. 754.) 

— N 0 T E — 



Excerpt from House Reft. 868, 90th Cong.. 2d Sess. (1968) 

While the bill is not designed to make substantive 
changes in the law, one substantive change is made concern- 
ing authority for involuntary extension of enlistments and 
other periods of active duty. The change is proposed to 
tighten up congressional authority and control in this area. 

The Secretary of the Navy, under present law, has discre- 
tionary authority in time of war or in time of national 
emergency to extend enlistments involuntarily "for such 
periods as he considers necessary." The Navy Secretary 
used this authority to extend enlistments in 1965 for X 
months using the authority of the Korean war national 
emergency which was declared in December 1950. and is 
still in effect. The Secretaries of the Army and the Air 
Force, by contrast, do not have this national emergency 
authority to extend enlistments; their powers are limited to 
periods of war. 

As originally submitted by the Department of Defense, 
the bill would have made the discretionary authority of the 
Secretary of the Navy available to all of the services. After 
consultation with the Committee on Armed Services, the 
Department of Defense agreed to having the bill revised so 
as to eliminate the discretionary authority of the Navy Sec- 
retary and to apply to all of the service Secretaries a sec- 
tion of law limiting their power to involuntarily extend 
service to periods of war. The committee strongly feels that 
for anything short of war, service should not be 'involuntar- 
ily extended while Congress is still in session without action 
[Emphasis supplied.] 



99 



of the Congress. It should be noted that in the past when it 
was felt extension authority was required in identical 
periods for the Army and the Air Force, the Congress read- 
ily provided such authority, as in the Berlin and Cuban 
crises. 

The committee recognized, however, that there was a gap 
in the law in that there would be no authority in those 
extreme emergencies when Congress is not in session. There 
was included in the bill, therefore, a new section, section 
671b, which authorises the President, when he determines 
the national interest so requires, to extend enlistments or 
other periods of active duty when Congress is not in ses- 
sion, having adjourned sine die, if such enlistments or 
periods of active duty are due to expire before the 30th day 
after the Congress next convenes or reconvenes. The com- 
mittee emphasizes that such authority is only granted when 
Congress is out of session and only affects enlistments of 
periods of service that expire either before Congress returns 
or within 30 days after Congress returns. The provision, 
therefore, is meant to fill a gap in the law and to apply 
only in cases of extreme emergency. Extensions under this 
provision could not be for more than 6 months and in no 
case could they run beyond 60 days after the Congress next 
convenes or reconvenes. 



10 TJ.S.C. 511. Reserve components: terms 

(a) Except as otherwise prescribed by law, enlistments as 
Reserves are for terms prescribed by the Secretary concerned. How- 
ever, an enlistment that is in effect at the beginning of a war or of a 
national emergency declared by Congress, or entered into during 
such a war or emergency, and that would otherwise expire, continues 
in effect until the expiration of six months after the end of that war 
or emergency, whichever is later, unless sooner terminated by the 
Secretarv concerned. 

(b) Under regulations to be prescribed by the Secretary con- 
cerned, a person who is qualified for enlistment for active duty in an 
armed force, and who is not under orders to report for" induction 
into an armed force under sections 451—173 of title 50, appendix, 
may be enlisted as a Reserve for service in the Army Reserve, Naval 
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard 
Reserve, for a term of six years. Each person enlisted under this 
subsection shall serve — 

(1) on active duty for- a period of two years ; 

(2) satisfactorily as a member of the Ready Reserve for a 
period that, when added to his active duty under clause (l) r 
totals five years ; and 

(3) the rest of his period of enlistment as a member of the 
Standby Reserve. 

[Emphasis supplied.] 



100 



(c) In time of war or 6f national emergency declared by Con- 
gress, the term of service of an enlisted member transferred to a 
reserve component according to law, that would ctherwise expire, 
continues wntil the expiration of six months after the end of that 
war or emergency, whichever is later, unless sooner terminated by 
the Secretary concerned. 

(d) Under regulations to be prescribed by the Secretary of 
Defense, or the Secretary of Transportation with respect to the 
Coast Guard when it is not operating as a service in the Navy, a 
non-prior-service person who is under 26 years of age, who is quali- 
fied for induction for active duty in an armed force, and who is not 
under orders to report for induction into an armed force under the 
Military Selective Service Act of 1967 (50 App. U.S.C. 451-473), 
except as provided in section 6(c) (2) (A) (ii) and (iii) of such Act, 
may be enlisted in the Army National Guard or the Air National 
Guard, or as a Reserve for -service in the Army Reserve, Naval 
Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard 
Reserve, for a term of six years. Each person enlisted under this 
subsection shall perform an initial period of active duty for training 
of not less than four months to commence insofar as practicable 
within 180 days after the date of that enlistment. (Aug. 10, 1956, ch. 
1041, 70A Stat. 18; Sept 2, 1958, Pub. L. 85-861, § 1(8), 72 Stat. 
1439; Sept. 3, 1963, Pub. L. 88-110, § 3, 77 Stat. 135; Dec. 1, 1967, 
Pub. L. 90-168, § 2(11), 81 Stat 523.) 



10 U.S.C. 519. Temporart enlistments: during war or emergency 

Except as provided in section 505 of this title and except for 
enlistments as Reserves of an armed force — 

{1) temporary enlistments in an armed force entered into in 
time of war or of emergency declared by Congress shall be for 
the duration of the war or emergency plus six months ; and 

(2) only persons at least eighteen years of age and otherwise 
qualified under regulations to be prescribed by the Secretary 
concerned are eligible for such enlistments. 
(Added Pub. L. 90-235, § 2(a) (1) (B), Jan. 2, 1968, 81 Stat 755.) 

—Note- 
Excerpt from House Reft. 868, 90th Cong., 2d Sess. (1968) 

Sections 3254 and 8254 of title 10, United States Code, 
provide that temporary enlistments in the Army or Air 
Force, as the case may be, entered into in time of war or of 
emergency declared by Congress shall be for the duration 
of the war or emergency plus 6 months; and that only per- 
sons at least 18 years of age and otherwise qualified under 
regulations to be prescribed by the Secretary concerned are 
eligible for such enlistments. There is no comparable provi- 



[ Emphasis supplied.] 



101 



sion for the Navy and Marine Corps. Section 519 is a pro- 
posed new section to be added to subtitle A of title 10, 
United States Code, which extends this provision governing 
temporary enlistments to the Navy and Marine Corps. 



10 TJ.S.C. 565. Warrant officers: suspension of laws for promo- 
tion or mandatory retirement or separation during war or 
emergency 

In time of war, or of emergency declared after May 39, 1964, by 
Congress or the President, the President may suspend the operation 
of any provision of law relating to promotion, or mandatory retire- 
ment or separation, of permanent regular warrant officers of any 
armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 24.) 



10 U.S.C. 599. Warrant officers: suspension of laws for promo- 
tion OR MANDATORY RETIREMENT OR SEPARATION DURING WAR OR 
EMERGENCY 

In time of war, or of emergency declared after May 29, 1954, by 
Congress or the President, the President may suspend the operation 
of any provision of law relating to promotion, or mandatory retire- 
ment or separation, of permanent reserve warrant officers of any 
armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 26.) 



10 U.S.C. 671a. Members: service extension during war 

Unless terminated at an earlier date by the Secretary concerned, 
the period of active service of any member of an armed force is 
extended for the duration of any war in which the United States 
may be engaged and for six months thereafter. (Added Pub. L. 
90-235, § 1(a) (1) (A), Jan. 2, 1968, 81 Stat. 753.) 



10 U.S.C. 671b. Members : service extension when Congress is not 
in session 

(a) Notwithstanding any other provision of law, when the Presi- 
dent determines that the national interest so requires, he may, if 
Congress is not in session, having adjourned sine die, authorize the 
Secretary of Defense to extend for not more than six months enlist- 
ments, appointments, periods of active duty, periods of active duty 
for training, periods of obligated service, or other military status, in 
any component of the Armed Forces of the United States, that 
expire before the 1 thirtieth day after Congress next convenes or 
reconvenes. 

[Emphasis supplied.] 



102 



(b) An extension under this section continues until the sixtieth 
day after Congress next convenes or reconvenes or until the expira- 
tion of the period of theological or divinity school. (Added Pub. L. 
85-861, § 1 (15), Sept. 2, 1958, 72 Stat. 1441.) 

— N O T E— 

Excerpt from House Reft. 868, 90th Cong., 2d Sess. (1968) 

The Secretary of the Navy, under present law, has discre- 
tionary authority in time of war or in time of national 
emergency to extend enlistments involuntarily "for such 
periods as he considers necessary." The Navy Secretary 
used this authority to extend enlistments in 1965 for 4 
months using the authority of the Korean war national 
emergency which was declared in December 1950, and is 
still in effect. The Secretaries of the Army and the Air 
Force, by contrast, do not have this national emergency 
authority to extend enlistments; their powers are limited to 
periods of war. 

As originally submitted by the Department of Defense, 
the bill would have made the discretionary authority of the 
Secretary of the Navy available to all of the services. After 
consultation with the Committee on Armed Services, the 
Department of Defense agreed to having the bill revised so 
as to eliminate the discretionary authority of the Navy Sec- 
retary and to apply to all of the service Secretaries a sec- 
tion of law limiting their power to involuntarily extend 
service to periods of war. The committee strongly feels that 
for anything short of war, service should not be involuntar- 
ily extended while Congress is still in session without action 
of the Congress. It should be noted that in the past when it 
was felt extension authority was required in critical periods 
for the Army and the Air Force, the Congress readily pro- 
vided such authority, as in the Berlin and Cuban crises. 

The committee recognized, however, that there was a gap 
in the law in that there would be no authority in those 
extreme emergencies when Congress is not in session. There 
was included in the bill, therefore, a new section, section 
67lb, which authorizes the President, when he detennines 
the national interest so requires* to extend enlistments or 
other periods of active duty when Congress is not in ses- 
sion, having adjourned sine die, if such enlistments or 
periods of active duty are due to expire before the 30th day 
after the Congress next convenes or reconvenes. The com- 
mittee emphasizes that such authority is only granted when 
Congress is out of session and only affects enlistments or 
periods of service that expire either before Congress returns 
or within 30 days after Congress returns. The provision, 
therefore, is meant to fill a gap in the law and to apply 
only in cases of extreme emergency. Extensions under this 

X Emphasis supplied.] 



103 



provision could not be for more than 6 months and in no 
case could they run beyond 60 days after the Congress next 
convenes or reconvenes. 



10 U.S.C. 672. Reserve components generally 

(a) In time of war or of national emergency declared by Con- 
gress, or when otherwise authorized by law, an authority designated 
by the Secretary concerned may, without the consent of the persons 
affected, order any unit, and any member not assigned to a unit 
organized to serve as a unit, of a reserve component under the juris- 
diction of that Secretary to active duty (other than for training) 
for the duration of the war or emergency and for six months there- 
after. However— 

(1) a member on an inactive status list or in a retired status 
may not be ordered to active duty under this subsection unless 
the Secretary concerned, with the approval of the Secretary of 
Defense in the case of the Secretary of a military department, 
determines that there are not enough qualified Reserves in an 

' active status or in the inactive National Guard in the required 
category who are readily available ; and 

(2) a member of the Standby Reserve may not be ordered to 
active duty under this subsection unless the Director of Selec- 
tive Service determines that the member is available for active 
duty. 

—NOTE- 
EXCERPT from House Rept. 1066, 82d Cong., 2d Sess. (1952) 

DUTY AND RELEASE FROM DUTY 

Liability for active duty 

When authorized by Congress. — This subsection author- 
izes any member of a reserve component to be ordered to 
active duty without his consent in time of war or national 
emergency hereafter declared by the Congress or when oth- 
enoise authorized by law. In time of war or national emer- 
gency declared by Congress, members ordered to active duty 
would be liable to serve for the duration of the war or 
national emergency and for 6 months thereafter. The com- 
mittee has added a safeguard so that members in an inac- 
tive or retired status would not be ordered to active duty 
without their consent unless the appropriate Secretary 
determined that no qualified members of the Ready Reserve 
or members of the Stand-by Reserve in an active status 
with appropriate qualifications were readily available. This 
section authorizes members to be called as individuals or as 
units, but the committee has provided a safeguard so that 
members of units organized to serve as units can only be 



[Emphasis supplied.] 



,104 



called with their unit. This would not prevent the ordering 
of individuals from units organized for training purposes 
only. 



10 U.S.C. 673. Ready Reserve 

(a) In time of national emergency declared by the President after 
January 1, 1953, or when otherwise authorized by law, an authority 
designated by the Secretary concerned may, without the consent of 
the persons concerned, order any unit, and any member not assigned 
to a unit organized to serve as a unit, in the Heady Reserve under 
the jurisdiction of that Secretary to active duty (other than for 
training) for not more than 24 consecutive months. 

(b) To achieve fair treatment as between members in the Ready 
Reserve who are being considered for recall to duty without their 
consent, consideration shall be given to — 

(1) the length and nature of previous service, to assure such 
sharing of exposure to hazards as the national security and mil- 
itary requirements will reasonably allow ; 

(2) family responsibilities; and 

(3) employment necessary to maintain the national health, 
safety, or interest. 

The Secretary of Defense shall prescribe such policies and proce- 
dures as he considers necessary to carry out this subsection. He shall 
report on those policies and procedures at least once a year to the 
Committees on Armed Services of the Senate and the House of Rep- 
resentatives. 

(c) Not more than 1,000,000 members of the Ready Reserve may 
be on active duty (other than for training), without their consent, 
under this section at any one time. (Aug. 10, 1956, ch. 1041, 70A 
Stat. 28; Sept. 2, 1958, Pub. L. 85-861, §§ 1 (14), 33(a) (5), 72 Stat. 
1441, 1564.) 

—NOTE- 
EXCERPT from House Reft. 1066, 82d Cong., 2d Sess. (1952) 

NATIONAL EMERGENCY DECLARED BY THE PRESIDENT 

In time of national emergency proclaimed by the Presi- 
dent, or when otherwise authorized by law, any member of 
the Ready Reserve may be ordered to active duty without 
his consent for such period of time not to exceed 24 consec- 
utive months, but no member could be ordered to active 
duty, under the committee amendment, until the Congress 
had determined the number of members needed for the 
national security. Members may be ordered as individuals 
or as units, but as in the previous subsection the committee 
has provided a safeguard against the ordering of individual 
members of units organized to serve as units. This provision 
would apply only in a future national emergency pro- 
claimed by the President but would retain in effect the 
[Emphasis supplied.] 



105 



authority to order such members to active duty under sec- 
tion 21 of the UMTS Act with the limitations contained 
therein. 

At present time all members of the Naval Reserve, 
Marine Corps Reserve, and the Coast Guard Reserve, may 
be ordered to active duty in time of Presidential emergency 
for the duration of the emergency and for 6 months there- 
after. In addition, the President may, at any time, call out 
the National Guard and Air National Guard to enforce the 
laws of the United States, to quell insurrection, and in case 
of actual or threatened invasion.. As far as the Naval 
Reserve, Marine Corps Reserve, and Coast Guard Reserve 
are concerned, this subsection represents a substantial 
decrease in the number and the period of service of reserv- 
ists liable to be ordered to active duty in time of Presiden- 
tial emergency. 

—NOTE— 

Excerpt from House Reft. 1066, 82d Cong., 2d Sess. (1952) 

the readt reserve 

The Ready Reserve denned by this section would contain 
those portions of the reserve components which would be 
most liable for active duty and which would be subject to 
■call in time of war, or national emergency declared by the 
President or the Congress, or when otherwise authorized by 
law. The last phrase includes authority to order reservists 
to active duty pursuant to section 21 of the Universal Mili- 
tary Training and Service Act which is not affected by this 
bill. 

Note, however, that under section 234 (b), which author- 
izes the ordering of the Ready Reserve to active duty in 
time of national emergency declared by the President, the 
Congress must first determine the number of members who 
may be so ordered. 

The Ready Reserve would be the only part of the reserve 
components which could be used in a Presidential emer- 
gency without further congressional action. At the present 
time, all of the Naval Reserve, Marine Corps Reserve, and 
Coast Guard Reserve could be called to active service in a 
Presidential emergency. In addition, the entire National 
Guard and the entire Air National Guard is now callable 
by the President in case of threatened or actual invasion, 
insurrection, or to execute the Federal laws. 

— N O T E — 

Under this provision 1,000,000 men can be called to active 
duty. In addition the National Guard can be federalized in a 

{[Emphaaia supplied.] 



106 



national emergency, which adds several thousand men to the 
total. In time of national emergency, therefore, in addition 
to existing armed forces at least eight divisions of troops, 
over 100 squadrons of aircraft and 55 ships can be activated 
by order of the President. 



10 U.S.C. 674. Standby Reserve 

(a) Units and members in the Standby Reserve may be ordered to 
active duty (other than for training) only as provided in section 672 
of this title. 

(b) In time of emergency — 

(1) no unit in the Standby Reserve organized to serve as a 
unit or any member thereof may be ordered to active duty 
(other than for training), unless the Secretary concerned, with 
the approval of the Secretary of Defense in the case of a Secre- 
tary of a military department, determines that there are not 
enough of the required kinds of units in the Ready Reserve that 
are readily available ; and 

(2) no other member in the Standby Reserve may be ordered 
to active duty (other than for training) as an individual with- 
out his consent, unless the Secretary concerned, with the 
approval of the Secretary of Defense in the case of a Secretary 
of a military department, determines that there are not enough 
qualified members in the Ready Reserve in the required category 
who are readily available. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 29; Sept. 7, 1962, Pub. L. 
87-651, title I, § 130, 76 Stat. 514.) 

—NOTE- 
EXCERPT from House Reft. 1066, 82d Cong., 2d Sess. (1952) 

STANDBY RESERVE 

The Standby Reserve established by this section would 
be available for active duty only upon action by the Con- 
gress authorizing its call. The phrase "or when otherwise 
authorized by law 1 " includes authority to order members of 
the Standby Reserve to active duty under section SI of the 
Universal Military Training and Service Act. The restric- 
tion on the call of inactive and volunteer reservists who 
served for more than a year during World War II would 
apply to members of the Standby Reserve who are not 
members of organized units and who are ordered to active 
duty under that section. It is necessary to continue existing 
authority until a sufficiently large Reserve is established 
through Selective Service and UMT when authorized. Due 
to the current world situation, it is impossible to maintain 
an effective source of replacement of present reservists 
[Emphasis supplied.] 



107 



during this transition period without continuing section 21 
in effect. 



10 TJ.S.C. 675. Retired Reserve 

A member in the Retired Reserve may, if qualified, he ordered to 
active duty without hie consent, but only as provided in section 672 
(a) of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 29.) 



10 TJ.S.C. 679. Active dutt agreements 

(a) To provide definite terms of active duty (other than for 
training) for Reserves with their consent, the Secretary concerned 
may make a standard written agreement with any member of a 
reserve component under his jurisdiction requiring the member to 
serve for a period of active duty (other than for training) of not 
more than five years. When such an agreement expires, a new one 
may be made. This subsection does not apply in time of war 
declared by Congress. 

(b) An agreement may not be made under subsection (a) unless 
the specified period of duty is at least 12 months longer than any 
period of active duty that the member is otherwise required to 
perform. 

(c) Agreements made under subsection (a) shall be uniform so 
far as practicable, and are subject to such standards and policies as 
may be prescribed by the Secretary of Defense for the armed forces 
under his jurisdiction or by the Secretary of the Treasury for the 
Coast Guard when the Coast Guard is not operating as a service in 
the Navy. 

(d) If an agreement made under subsection (a) expires during a 
war or during a national emergency declared by Congress or the 
President after January 1, 1953, the Reserve concerned may be kept 
on active duty, without his consent, as otherwise prescribed by law. 
(Aug 10, 1956, ch. 1041, 70A Stat. 30.) 

— N O T E — 

Excerpt fkom House Reft. 1066, 82d Cong., 2d Sess. (1952) 

continuation of active dutt 

This section provides that in time of a future war or 
national emergency any member whose term of service 
expires under a contract for active duty may be continued 
on active duty in accordance with laws and regulations, so 
that he will have the same liability for involuntary service 
as other members of the reserve components in the same 
category. 
[Emphasis supplied.] 



108 



10 U.S.C. 681. Reserves : release fbom active wn 

(a) Except as otherwise provided in this title, the Secretary con- 
cerned may at any time release a Reserve under his jurisdiction 
from active duty. , _ 

(b) In time of war or of national emergency declared by Congress 
or the President after January 1, 1953, a member of a reserve com- 
ponent may be released from active duty (other than for training) 

only if ^ boan i 0 f officers convened at his request by an authority 
designated by the Secretary concerned recommends the release 
and the recommendation is approved ; 

(2) the member does not request that a board be convened; or 

(3) his release is otherwise authorized by law. 

This subsection does not apply to an armed force during a period 
of demobilization or reduction in strength of that armed force. 
(Aug. 10, 1956. ch. 1041, 70A Stat. 31.) 



10 U.S.C. 687. Non-Regular9 : readjustment payment upon 

INVOLUNTARY RELEASE FROM ACTIVE DUTY 

(a) Except for members covered by subsection (b), a member of a 
reserve component or a member of the Army or the Air Force with- 
out component who is released from active duty involuntarily, or 
because he was not accepted for an additional tour of active duty 
for which he volunteered after he had completed a tour of active 
duty, and who has completed, immediately before his release, at least 
five years of continuous active duty, is entitled to a readjustment 
payment computed by multiplying his years of active service (other 
than in time of war or of national emergency declared by Congress 
after June %8, 1962), but not more than eighteen, by two months' 
basic pay of the grade in w T hich he is serving at the time of his 
release. However, a member who is released from active duty 
because his performance of duty has fallen below standards pre- 
scribed by the Secretary concerned, or because his retention on 
active duty is not clearly consistent with the interests of national 
security, is entitled to a readjustment payment computed on the 
basis of one-half of one month's basic pay of the grade in which the 
member is serving at the time of his release from active duty. A 
person covered by this subsection may not be paid more than two 
years' basic pay of the grade in which he is serving at the time of 
his release or $15,000, whichever amount is the lesser. For the pur- 
poses of this subsection — 

(1) a period of active duty is continuous if it is not inter- 
rupted by a break in service of more than 30 days; 

(2) a part of a year that is six months or more is counted as 
a whole year, and a part of a. year that is less than six months 
is disregarded ; and 

[Emphasis supplied.] 



109 



(3) a period for which the member concerned has received 
readjustment pay under another provision of law may not be 
included. 

(b) Subsection (a) does not apply to a member who — 

(1) is released from active duty at his request; 

(2) is released from active duty for training; 

(3) under regulations to be prescribed by the Secretary of 
Defense, or by the Secretary of the Treasury with respect to the 
Coast Guard when it is not operating as a service in the Navy, 
is released from active duty because of moral or professional 
dereliction ; 

(-1) upon release from active duty, is immediately eligible for 
retired pay or retainer pay based entirely on his military serv- 
ice ; 

(5) upon release from active duty, is immediately eligible for 
severance pay (other than under section 680 of this title) based 
on his military service and who elects to receive that severance 
pay ; or 

(6) upon release from active duty, is immediately eligible for 
disability compensation under a law administered by the Veter- 
ans' Administration and who elects to receive that compensa- 
tion. 

However, a member covered by clause (G) may receive a readjust- 
ment payment under this section and disability compensation if an 
amount equal to 75 percent of the readjustment payment is deducted 
from the disability compensation. This subsection does not prevent a 
member who elects to receive a readjustment payment under this sec- 
tion from becoming entitled to disability compensation based on his 
service performed after he makes that election. 

(c) A member to whom a readjustment payment is made under 
this section is not entitled to mustering-out pay under the Muster- 
ing-Out Payment Act of 1944 (58 Stat. 8), the Veterans' Readjust- 
ment Assistance Act of 1952 (66 Stat. 663), or chapter 43 of title 38. 
If he was paid mustering-out pay under one of those provisions 
before he became entitled to a readjustment payment under this sec- 
tion, the amount of that mustering-out pay shall be deducted from 
the amount to which he is entitled under this section. 

(d) Any readjustment payment to which a member becomes enti- 
tled under this section shall be reduced by the amount of any pre- 
vious payment made to him under this section that he has not repaid 
to the United States. If he has repaid that amount to the United 
States, the period covered by it shall be treated as a period for 
which a payment has not been made under this section. 

(e) Repealed. Pub. L. 89-718, § 6(4), Nov. 2, 1966, 80 Stat. 1116. 

(f) If a member who received a readjustment payment under this 
section after June 28, 1962, qualifies for retired pay under any pro- 
vision of this title or title 14 that authorizes his retirement upon 
completion of twenty years of active service, an amount equal to 75 
percent of that payment, without interest, shall be deducted immedi- 
ately from his retired pay. (Added Pub. L. 87-651, title I, § 



110 



102(a), Sept. 7, 1962, 76 Stat. 506, and amended Pub. L. 89-718, § 
6, Nov. 2, 1966, 80 Stat. 1115.) 



10 U.S.C. 712. Foreign governments: detail to assist 

(a) Upon the application of the country concerned, the President, 
whenever he considers it in the public interest, may detail members 
of the Army, Navy, Air Force, and Marine Corps to assist in mili- 
tary matters — 

(1) any republic in North America, Central America, or 
South America ; 

(2) the Republic of Cuba, Haiti, or Santo Domingo; and 

(3) during a war or a declared national emergency, any other 
country that he considers it advisable to assist in the interest of 
national defense. 

(b) Subject to the prior approval of the Secretary of the military 
department concerned, a member detailed under this section may 
accept any office from the country to which he is detailed. He is 
entitled to credit for all service while so detailed, as if serving with 
the armed forces of the United States. Arrangements may be made 
by the President, with countries to which such members are detailed 
to perform functions under this section, for reimbursement to the 
United States or other sharing of the cost of performing such func- 
tions. (Aug. 10, 1956, ch. 1041, 70A Stat. 32; June 30, 1958, Pub. L. 
85^77, ch. V, § 502 (k), 72 Stat. 275.) 

—NOTE- 
EXCERPT from Senate Reft. 7, 69th Cong., 1st Sess. (1952) 

The Committee on Military Affairs, to which was 
referred the bill (S. 1480) to authorize the President to 
detail officers and enlisted men of the United States Army, 
Navy, and Marine Corps to assist the Governments of the 
Latin American Republics in military and naval matters, 
has had the same under consideration and recommends that 
it pass. 

A similar provision was favorably reported to the Senate 
in the Sixty-eighth Congress in the bill S. 1974, providing 
for sundry matters affecting the Military Establishment 
( Rept. 195 ) . Referring to this provision, that report said : 
The advantages of such authority as is indicated 
in the proposed section are manifest. The primary 
consideration is that of the future solidarity of 
Pan American views and aims which will be 
brought about by bringing the armies of the 
Republics of North and South America in close 
touch with that of the United States. The presence 
of officers of our Army will also greatly assist to 
promote friendly relations between the United 
[Emphasis supplied.] 



Ill 



States and the country in which they are serving, 
and the experience of these officers will be very val- 
uable to the War Department and add greatly to 
the information concerning Latin American coun- 
tries. 

Prior to the World War several European 
nations took a very active part in the military 
affairs of various countries in South America, and 
the effects of these efforts were very thoroughly 
impressed upon the armies concerned. Besides the 
military effect mentioned the influence of European 
countries was also seen in various political and eco- 
nomic matters. Since the World War the efforts 
indicated have been resumed with more or less 
effect. 

It is believed that such a condition of affairs is 
not conducive to the best interests of the United 
States and that, if authority is granted to send 
officers of our Army to Latin American countries 
in the manner indicated by the proposed section, 
our national prestige will be enhanced and those 
countries will gradually be brought to the point of 
realizing that it is greatly to their advantage to 
adopt the methods and systems in use in the 
United States rather than those of European coun- 
tries. 

Your attention is invited to the act of June 5, 
1920, whereby authority was granted for the 
President to detail officers of the United States 
naval service to assist the Governments of the 
Republics of South America in naval affairs. Under 
the authority granted, a number of naval officers 
have recently been detailed to assist the Govern- 
ment of Brazil in naval matters, and it is highly 
probable that the advantage resulting therefrom 
will greatly promote the friendly relations between 
the two countries. The detail of American Army 
officers to South American countries in principle 
has the approval of the State Department and 
enhances our national prestige and influence in 
those countries. 

After the bill was drafted the War Department 
in consultation with the State Department and the 
Navy Department reached the conclusion that it 
would be advisable to extend the privileges granted 
in this section to the Navy and Marine Corps, and 
amendments are recommended for this purpose, 
together with amendment permitting, without ques- 
tion, the detailing of officers for service in Central 
America, Cuba, Haiti, and Santo Domingo. 

[Emphasis supplied.] 



112 



—NOTE- 
EXCERPT from House Kept. 1018, 69th Cong., 2d Sess. (1926) 

The following paragraph is quoted from a letter from 
former Secretary of State Charles E. Hughes to the chair- 
man of the Committee on Military Affairs, dated January 
7, 1925, regarding the passage of this legislation. 

The convention for the limitation of armaments 
signed by the Central American Governments in a 
conference which met in Washington in the early 
part of 1923 contemplates the employment of for- 
eign instructors to assist in organizing in each 
Republic a national guard to maintain public 
order. The Government of Nicaragua has now 
expressed an intention to organize such a national 
guard and has indicated a desire to have American 
marine officers as instructors. I should be especially 
glad to meet Nicaragua's wishes in this matter in 
order that the new national guard may be orga- 
nized in such a manner that there will be no dis- 
turbances in the country after the withdrawal of 
the legation guard of about 100 American marines, 
which has been stationed in Nicaragua for several 
years past. This legation guard will be withdrawn 
early in February. It would be very helpful to this 
department, therefore, in this situation if the legis- 
lation to which I have referred could be approved 
in the immediate future. 
While not for the purpose of encouraging the increase of 
armaments, it is felt a more efficient and economical organi- 
sation of their existing forces would be a real service to the 
governments concerned, especially in those countries where 
a more efficient military force might be helpful in promot- 
ing political stability. It is also felt that this is a service 
which should, if possible, be performed by the United 
States rather than by European Governments. 



[Chapter 47— Uniform Code of Military Justice] 
10 U.S.C. 802. Art. 2. Persons subject to this chapter 

The following persons are subject to this chapter: 

(1) Members of a regular component of the armed forces 
including those awaiting discharge after expiration of their 
terms of enlistment; volunteers from the time of their muster or 
acceptance into the armed forces; inductees from the time of 
their actual induction into the armed forces; and other persons 
lawfully called or ordered into, or to duty in or for training in, 

XEmpbasis supplied.] 



113 



the armed forces, from the dates when they are required by the 
terms of the call or order to obey it. 

(2) Cadets, aviation cadets, and midshipmen. 

(3) Members of a reserve component while they are on inactive 
duty training authorized by written orders which are voluntar- 
ily accepted by them and which specify that they are subject to 
this chapter. 

(4) Retired members of a regular component of the armed 
forces who are entitled to pay. 

(5) Retired members of a reserve component who are receiv- 
ing hospitalization from an armed force. 

(6) Members of the Fleet Reserve and Fleet Marine Corps 
Reserve. 

(7) Persons in custody of the armed forces serving a sentence 
imposed by a court-martial. 

(8) Members of the Environmental Science Services Adminis- 
tration, Public Health Service, and other organizations, when 
assigned to and serving with the armed forces. 

(9) Prisoners of war in custody of the armed forces. 

(10) In time of war, persons serving with or accompanying 
an armed force in the field. 

(11) Subject to any treaty or agreement to which the United 
States is or may be a party or to any accepted rule of interna- 
tional law, persons serving with, employed by, or accompanying 
the armed forces outside the United States and outside the fol- 
lowing: the Canal Zone, Puerto Rico, Guam, and the Virgin 
Islands. 

(12) Subject to any treaty or agreement to which the United 
States is or may be a party or to any accepted rule of interna- 
tional law, persons within an area leased by or otherwise 
reserved or acquired for the use of the United States which is 
under the control of the Secretary concerned and which is out- 
side the United States and outside the following, the Canal 
Zone, Puerto Rico, Guam, and the Virgin Islands. 

(Aug. 10, 1956, ch. 1041, 70 A Stat. 37; June 25, 1959, Pub. L. 
86-70, § 6(b), 73 Stat. 142; July 12, 1960, Pub. L. 86-624, § 4(b), 
74 Stat. 411 ; Sept. 7, 1962, Pub. L. 87-651, title I, § 104, 76 Stat. 
508 ; Nov. 2, 1966, Pub. L. 89-718, § 8 (a) , 80 Stat. 1117.) 



10 U.S.C. 843. Art. 43. Statute of limitations 

(a) A person charged with desertion or absence without leave in 
time of war, or with aiding the enemy, mutiny, or murder, may be 
tried and punished at any time without limitation. 

(b) Except as otherwise provided in this article, a person charged 
with desertion in time of peace or any of the offenses punishable 
under sections 919-932 of this title (articles 119-132) is not liable to 
be tried by court-martial if the offense was committed more than 
three years before the receipt of sworn charges and specifications by 

[Emphasis supplied.] 



114 



an officer exercising summary court-martial jurisdiction over the 
command. 

(c) Except as otherwise provided in this article, a person charged 
with any offense is not liable to be tried by court-marital or pun- 
ished under section 815 of this title (article 15) if the offense was 
committed more than two years before the receipt of sworn charges 
and specifications by an officer exercising summary court-martial 
jurisdiction over the command or before the imposition of punish- 
ment under section 815 of this title (article 15). 

(d) Periods in which the accused was absent from territory in 
which the United States has the authority to apprehend him, or in 
the custody of civil authorities, or in the hands of the enemy, shall be 
excluded in computing the period of limitation prescribed in this 
article. 

(e) For an offense the trial of which in time of war is certified to 
the President by the Secretary concerned to be detrimental to the 
prosecution of the war or inimical to the national security, the 
period of limitation prescribed in this article is extended to six 
months after the termination of hostilities as proclaimed by the 
President or by a joint resolution of Congress. 

(f) When the United States is at war, the running of any statute 
of limitations applicable to any offense under this chapter — 

(1) involving fraud or attempted fraud against the United 
States or any agency thereof in any manner, whether by con- 
spiracy or not ; 

(2) committed in connection with the acquisition, care, han- 
dling, custody, control, or disposition of any real or personal 
property of the United States ; or 

(3) committed in connection with the negotiation, procure- 
ment, award, performance, payment, interim financing, cancella- 
tion, or other termination or settlement, of any contract, subcon- 
tract, or purchase order which is connected with or related to 
the prosecution of the war, or with any disposition of termina- 
tion inventory by any war contractor or Government agency ; 

is suspended until three years after the termination of hostilities as 
proclaimed by the President or by a joint resolution of Congress. 
(Aug. 10, 1956, ch. 1041, 70A, Stat. 51.) 



10 U.S.C. 871. Art. 71. Execution of sentence; suspension of 

SENTENCE 

(a) No court-martial sentence extending to death or involving a 
general or flag officer may be executed until approved by the Presi- 
dent. He shall approve the sentence or such part, amount, or com- 
muted form of the sentence as he sees fit, and may suspend the exe- 
cution of the sentence or any part of the sentence, as approved by 
him, except a death sentence. 

(b) Xo sentence extending to the dismissal of a commissioned 
officer (other than a general or flag officer), cadet, or midshipman 
may bo executed until approved by the Secretary concerned, or such 

[Empbasis supplied.] 



115 



Under Secretary or Assistant Secretary as may be designated by 
him. He shall approve the sentence or such part, amount, or com- 
muted form of the sentence as he sees fit, and may suspend the exe- 
cution of any part of the sentence as approved by him. In time of 
war or national emergency, he may commute a sentence of dismissal 
to reduction to any enlisted grade. A person so reduced may be 
required to serve for the 'duration of the war or emergency and six 
months thereafter. 

(c) No sentence which includes, unsuspended, a dishonorable or 
bad-conduct discharge, or confinement for one year or more, may be 
executed until affirmed by a Court of Military Review and, in cases 
reviewed by it, the Court of Military Appeals. 

(d) All other court-martial sentences, unless suspended or 
deferred, may be ordered executed by the convening authority when 
approved by him. The convening authority may suspend the execu- 
tion of any sentence, except a death sentence. (Aug. 10, 1956, ch. 
1041, 70A Stat. 62; Oct. 24, 1968, Pub. L. 90-632, S 2(32), 82 Stat. 
1342.) 



10 U.S.C. 1035. Deposits of savings 

(a) Under joint regulations prescribed by the Secretaries con- 
cerned, a member of the armed force who is on a permanent duty 
assignment outside the United States or its possessions may deposit 
during that tour of duty not more than his unallotted current pay 
and allowances in amounts of $5 or more, with any branch, office, or 
officer of a uniformed service. Amounts so deposited shall be depos- 
ited in the Treasury and kept as a separate fund, and shall be 
accounted for in the same manner as public funds. 

(b) Interest at a rate prescribed by the President not to exceed 10 
per centum a year, will accrue on amounts deposited under this sec- 
tion. However, the maximum amount upon which interest may be 
paid under this Act to any member is $10,000, except that such limi- 
tation shall not apply to deposits made on or after September 1, 
1966, in the case of those members in a missing status, as defined in 
section 551(2) of title 37, during the Vietnam conflict. Interest 
under this subsection shall terminate ninety days after the member's 
return to the United States or its possessions. For purposes of this 
subsection, the Vietnam conflict begins on February 28, 1961, and 
ends on the, date designated by the President by Executive order as 
the date of the termination of combatant activities in Vietnam. 

(c) Except as provided in joint regulations prescribed by the Sec- 
retaries concerned, payments of deposits, and interest thereon, may 
not be made to the member while he is on duty outside the United 
States or its possessions. 

(d) An amount deposited under this section, with interest thereon, 
is exempt for liability for the member's debts, including any indebt- 
edness to the United States or any instrumentality thereof, and is 
not subject to forfeiture by sentence of a court-martial. 

(e) The Secretary concerned, or his designee, may in the interest 
of a member who is in a missing status (as defined in section 551(2) 

[Emphasis supplied.] 



116 



of title 37) or his dependents, initiate, stop, modify, and change 
allotments, and authorize a withdrawal of deposits, made under this 
section, even though the member had an opportunity to deposit 
amounts under this section and elected not to do so. Interest may be 
computed from the day the member entered a missing status or Sep- 
tember 1, 1966, whichever is later. (Aug. 10, 1956, ch. 1041, 70A 
Stat. 80; Aug. 14, 1966, Pub. L. 89-538, § 1(1), 80 Stat. 347; Xov. 
3, 1967, Pub. L. 90-122, § 1, 81 Stat. 361; Feb. 26, 1970, Pub. L. 
91-200, 84 Stat. 16.) 



10 U.S.C. 1161. Commissioned officers : limitations on dismissal 

(a) No commissioned officer may be dismissed from any armed 
force except — 

( 1 ) by sentence of a genera] court-martial ; 

(2) in commutation of a sentence of a general court-martial; 

or 

(3) in time of war, by order of the President. 

(b) The President may drop from the rolls of any armed force 
any commissioned officer (1) who has been absent without authority 
for at least three months, or (2) who is sentenced to confinement in 
a Federal or State penitentiary or correctional insitution after 
having been found guilty of an offense by a court other than a 
court-martial or other military court, and whose sentence has become 
final. (Aug. 10, 1956, ch. 1041, 70A Stat. 89.) 



[Chapter 133 — Facilities for Reserve Components] 
10 U.S.C. 2231. Purpose 

The purpose of this chapter is to provide for — 

(1) the acquisition, by purchase, lease, transfer, construction, 
expansion, rehabilitation, or conversion of facilities necessarv 
for the proper development, training, operation, and mainte- 
nance of the reserve components of the armed forces, including 
troop housing and messing facilities; 

(2) the joint use of those facilities by units of two or more of 
those reserve components, to the greatest practicable extent for 
efficiency and economy ; 

(3) the use of those facilities, in time of war or national 
emergency, by those units and other units of the armed forces, 
to the greatest practicable extent for efficiency and economy ; and 

(4) any other use of those facilities by tlie United States, in 
time of war or national emergency, to the greatest practicable 
extent for efficiency and economy. 

(Aug. 10, 1956, ch. "1041, 70A Stat. 120; Aug. 29, 1957, Pub L 
i-215, § 1, 71 Stat. 489.) " ' 



[Emphasis supplied.] 



117 



10 U.S.C. 2-233. Acqi-isitiox 

(a) Subject to sections 2233a. 2234, 2235, 2236, and 2238 of this 
title and subsection (c) of this section, the Secretary of Defense 
may — 

(1) acquire by purchase, lease, or transfer, and construct, 
expand, rehabilitate, or convert and equip, such facilities as he 
determines to be necessary to carry out the purposes of this 
chapter ; 

(2) contribute to any State or Territory, Puerto Eico, or the 
District of Columbia such amounts as he determines to be neces- 
sary to expand, rehabilitate, or convert facilities owned by it for 
use jointly by units of two or more reserve components of the 
armed forces: 

(3) contribute to any State or Territory, Puerto Kico, or the 
District of Columbia such amounts as he determines to be neces- 
sary to expand, rehabilitate, or convert facilities owned by it 
(or to acquire, construct, expand, rehabilitate, or convert addi- 
tional facilities) made necessary by the conversion, redesigna- 
tion, or reorganization of units of the Army National Guard of 
the United States or the Air National Guard of the United 
States authorized by the Secretary of the military department 
concerned; and 

(4) contribute to any State or Territory, Puerto Rico, or the 
District of Columbia such amounts for the acquisition, construc- 
tion, expansion, rehabilitation, or conversion by it of additional 
facilities as he determines to be required by any increase in the 
strength of the Army National Guard of the United States or the 
Air National Guard of the United Statps. 

(b) Title to property acquired by the United States under subsec- 
tion (a) (1) vests in the United States. 

(c) The Secretary of Defense may delegate any of his authority 
or functions under this chapter to any department, agency, or officer 
of the Department of Defense. 

(d) The expenses of leasing property under subsection (a) (1) 
may be paid from appropriations available for the payment of rent. 

(e) The Secretary of Defense may procure advance planning, con- 
struction design, and architectural services in connection with facili- 
ties to be established or developed under this chapter which are not 
otherwise authorized by law. 

(f ) Facilities authorized by subsection (a) shall not be considered 
"military public works" under the provisions of the military con- 
struction authorization acts that repeal prior authorizations for mili- 
tary public works. (Aug. 10, 1956, ch. 1041, 70A Stat. 121; Aug. 20, 
1958, Pub. L. 85-685, title VI, § 601 (1), (2), 72 Stat. 664; Sept. 2, 
1958, Pub. L. 85-861, § 1 (37)-(39), 72 Stat. 1456.) 

[Emphasis supplied.] 



118 



10 XJ.S.C. 2235. Administration; other use permitted by 
Secretary 

(a) The Secretary of Defense, after consulting the Committees on 
Armed Services of the Senate and the House of Representatives on 
matters of policy, may — , ..... 

(1) administer, operate, maintain, and equip facilities con- 
structed, expanded, rehabilitated, or converted under section 
2233 (a) (1) of this title or otherwise acquired and used for the 
purposes of this chapter ; 

(2) permit persons or organizations other than members and 
units of the armed forces to use those facilities under such leases 
or other agreements as he considers appropriate ; and 

(3) cover the payments received under those leases or agree- 
ments into the Treasury to the credit of the appropriation from 
which the cost of maintaining the facility, including its utilities 
and services, is paid. ... 

(b) The Secretary may not permit any use or disposition to be 
made of a facility covered by subsection (a) that would interfere 
with its use — 

(1) for administering and training the reserve components of 
the armed forces ; or 

(2) in time of war or national emergency, by other units of 
the armed forces or by the United States for any other purpose. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 122.) 



10 XJ.S.C. 2236. Contributions to States ; other use permitted 
bt States 

(a) Contributions under section 2233 of this title are subject to 
such terms as the Secretary of Defense, after consulting the Com- 
mittees on Armed Services of the Senate and the House of Repre- 
sentatives, considers necessary for the purposes of this chapter. 
Except as otherwise agreed when the contribution is made, a facility 
provided by a contribution under section 2233 (a) (3) or (4) of this 
title may be used jointly by units of two or more reserve components 
of the armed forces only to the extent that the State or Territory, 
Puerto Rico, or the District of Columbia, whichever is concerned, 
considers practicable. 

(b) A contribution made for an armory under section 2233 (a) 
(4) of this title may not be more than 75 percent of the cost of the 
construction to which it is applied. For the purpose of computing 
the cost of construction under this subsection, the amount contrib- 
uted by the State or Territory, Puerto Rico, or the District of 
Columbia, whichever is concerned, may not include the cost or 
market value of any real property that it has contributed. 

(c) If a State or Territory, Puerto Rico, or the District of 
Columbia acquires, constructs expands, rehabilitates, or converts a 
facility with amounts contributed under section 2233 of this title, it 
may— 

[Emphasis supplied.] 



119 



(1) permit persons or organizations other than members and 
units of the armed forces to use the facility under such leases or 
other agreements as it considers appropriate ; and 

(2) apply amounts received under those leases or agreements 
to the cost of maintaining the facility. 

(d) Except as otherwise agreed when the contribution is made, 
and except as the agreement is later changed, a State or Territory, 
Puerto Eico, or the District of Columbia may not permit any use or 
disposition of the facility that would interfere with its use — 

(1) for administering and training the reserve components of 
the armed forces; or 

(2) in time of war or national emergency, by other units of 
the armed forces or by the United States for any other purpose. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 122; Sept. 2, 1958, Pub. L. 
85-861, § 1 (40), 72 Stat. 1456.) 



10 U.S.C. 2304. Purchases and contracts: formal advertising; 

EXCEPTIONS 

(a) Purchases of and contracts for property or services covered 
by this chapter shall be made by formal advertising in all cases in 
which the use of such method is feasible and practicable under the 
existing conditions and circumstances. If use of such method is not 
feasible and practicable, the head of an agency, subject to the 
requirements for determinations and findings in section 2310, may 
negotiate such a purchase or contract, if — 

(1) it is determined that such action is necessary in the public 
interest during a national emergency declared by Congress or 
the President; 

(2) the public exigency will not permit the delay incident to 
advertising ; 

(3) the aggregate amount involved is not more than $2,500 ; 

(4) the purchase or contract is for personal or professional 
services ; 

(5) the purchase or contract is for any service by a univer- 
sity, college, or other educational institution ; 

(6) the purchase or contract is for property or services to be 
procured and used outside the United States and the Territories, 
Commonwealths, and possessions; 

(7) the purchase or contract is for medicine or medical sup- 
plies ; 

(8) the purchase or contract is for property for authorized 
resale ; 

(9) the purchase or contract is for perishable or nonperisha- 
ble subsistence supplies; 

(10) the purchase or contract is for property or services for 
which it is impracticable to obtain competition ; 

(11) the purchase or contract is for property or services that 
he determines to be for experimental, developmental, or research 



[Emphasis supplied.] 



120 



work, or for making or furnishing property for experiment, test, 
development, or research; 

(12) the purchase or contract is for property or services 
whose procurement he determines should not be publicly dis- 
closed because of their character, ingredients, or components ; 

(13) the purchase or contract is for equipment that he deter- 
mines to be technical equipment whose standardization and the 
interchangeabilitv of whose parts are necessary in the public 
interest and whose procurement by negotiation is necessary to 
assure that standardization and interchangeabilitv ; 

(14) The purchase or contract is for technical or special 
property that he determines to require a substantial initial 
investment or an extended period of preparation for manufac- 
ture, and for which he determines that formal advertising 
would be likely to result in additional cost to the Government 
by reason of duplication of investment or would result in dupli- 
cation of necessary preparation which would unduly delay the 
procurement of the property; 

(15) the purchase or contract is for property or services for 
which he determines that the bid prices received after formal 
advertising are unreasonable as to all or part of the require- 
ments, or were not independently reached in open competition, 
and for which (A) he has notified each responsible bidder of 
intention to negotiate and given him reasonable opportunity to 
negotiate; (B) the negotiated price is lower than the lowest 
rejected bid of any responsible bidder, as determined by the 
head of the agency; and (C) the negotiated price is the lowest 
negotiated price offered by any responsible supplier ; 

(16) he determines that (A) it is in the interest of national 
defense to have a plant, mine, or other facility, or a producer, 
manufacturer, or other supplier, available for furnishing prop- 
erty or services in case of a national emergency; or (B) the 
interest of industrial mobilization in case of such an emergency, 
or the interest of national defense in maintaining active engi- 
neering, research, and development, would otherwise be sub- 
served; or 

(17) negotiation of the purchase or contract is otherwise 
authorized by law. 

(b) The data respecting the negotiation of each purchase or con- 
tract under clauses (1) and (7)-(17) of subsection (a) shall be kept 
by the contracting agency for six years after the date of final pay- 
ment on the contract. 

(c) This section does not authorize — 

(1) the negotiation of a contract to construct or repair any 
building, road, sidewalk, sewer main, or similar item, unless— 

(A) it is made under clauses (l)-(3), (10)-(12), or (15) 
of subsection (a) ; or 
... (B) it is to be performed outside the United States; or 

(2) the erection, repair, or furnishing of any public building 
or public improvement. ° 

(d) Whenever the head of the agency determines it to be practica- 
ble, such advance publicity as he considers suitable with regard to 

[Emphasis supplied.] 



121 



the property involved and other relevant considerations shall be 
given for a period of at least 15 days before making a purchase of 
or contract for property, or a service, under clause (7) or (8) of 
subsection (a) involving more than $10,000. 

(e) A report shall be made to Congress, on May 19 and November 
19 of each year, of the purchases and contracts made under clauses 

(11) and (16) of subsection (a) during the period since the date of 
the last report. The report shall — 

(1) name each contractor; 

(2) state the amount of each contract ; and 

(3) describe, with consideration of the national security, the 
property and services covered by each contract. 

(f) For the purposes of the following laws, purchases or contracts 
negotiated under this section shall be treated as if they were made 
with formal advertising: 

(1) Sections 35-45 of title 41. 

( 2 ) Sections 276a-276a-5 of title 40. 

(3) Sections 324 and 325a of title 40. 

(g) In all negotiated procurements in excess of $2,500 in which 
rates or prices are not fixed by law or regulation and in which time 
of delivery will permit, proposals, including price, shall be solicited 
from the maximum number of qualified sources consistent with the 
nature and requirements of the supplies or services to be procured, 
and written or oral discussions shall be conducted with all responsi- 
ble offerors who submit proposals within a competitive range, price, 
and other factors considered: Provided, however, That the require- 
ments of this subsection with respect to written or oral discussions 
need not be applied to procurements in implementation of author- 
ized set-aside programs or to procurements where it can be clearly 
demonstrated from the existence of adequate competition or accurate 
prior cost experience with the product, that acceptance of an initial 
proposal without discussion would result in fair and reasonable 
prices and where the request for proposals notifies all offerors of the 
possibility that award may be made without discussion. 

(h) Except in a case where the Secretary of Defense determines 
that military requirements necessitate specification of container sizes, 
no contract for the carriage of Government property in other than 
Government-owned cargo containers shall require carriage of such 
property in cargo containers of any stated length, height, or width. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 128; Aug. 28, 1958, Pub. L. 
85-800, § 8, 72 Stat. 967; Sept. 2, 1958, Pub. L. 85-861, § 33(a) 

(12) , 72 Stat. 1565; Sept. 10, 1962, Pub. L. 87-653, § l(a)-(c), 76 
Stat. 528; Mar. 16, 1968, Pub. L. 90-286, § 5, 82 Stat. 50; Sept. 20, 
1968, Pub. L. 90-500, title IV, §405, 82 Stat. 851.) 

-NOTE- 
Excerit from House Reft. 109, 80th Cong., 1st Sess. (1947) 

The principle underlying this provision has been pre- 
viously recognized in the Act of June 16, 1938 (52 Stat. 
707 ; 50 U.S.C. 91), under which the Secretary of War is 
authorized, subject to the approval of the President, to 



122 



place so-called educational orders for special munitions with 
selected commercial concerns for the purpose of familiariz- 
ing them with the manufacture of such munitions and 
accessories and parts thereof. Even before, the war, the lack 
of such authorization proved disadvantageous to the Navy. 
It is anticipated that only a small number of contracts will 
be placed under this provision. The requirement that any 
determinations made under this subsection be approved by 
the President and reported to the Congress will assure close 
scrutiny of their necessity. 

* ***** * 

The experiences gained during World War II make it 
essential that the War and Navy Departments have the 
powers inherent in this provision. We cannot depend upon 
the hope that in future emergencies there will be time for 
the reorganization of our industrial strength for the needs 
of war. This exception gives the armed services power to 
use negotiated procurement as a dynamic instrument of pre- 
paredness, and to take into consideration such factors as 
geographical location, avoidance of over concentration in a 
few companies, and maintenance of a basic core of plants, 
facilities, skills, and personnel, around which there can be 
expansion when it is urgently needed. 

******* 

Also, through the use of educational orders the services 
can constantly develop the industrial facilities and produc- 
tion know-how necessary to keep abreast of the industrial 
requirements arising out of the discovery and application of 
new weapons. Without such powers, the plants, facilities, 
skills, and personnel needed during an emergency may atro- 
phy through disuse or may not be constructed and ready 
for use. 



IF DETERMINED TO BE NECESSARY IN THE PUBLIC INTEREST 
DURING THE PERIOD OF A NATIONAL EMERGENCY DECLARED BY 
THE PRESIDENT 

A vital defect in preemergency legislation was the 
absence of any provision permitting, in the event of 
national danger, suspension of the advertisement method of 
procurement and the simultaneous substitution therefor of 
procurement procedures suitable for wartime. With the 
prospect that any future war may start with great sudden- 
ness, minimum preparedness requires that legislation be 
available to permit the shedding of peacetime requirements 
simultaneously with the declaration of any emergency by 
the President. The bill would empower the War and Navy 
Departments, in such an event, to procure by negotiation 
rather than by advertising. 

****** # 

[Emphasis supplied.] 



123 



The bill provides small business concerns with an oppor- 
tunity to secure a fair proportion of the total value of all 
purchases and contracts by requiring the Services to pro- 
cure supplies and services in reasonably small lots when not 
of manifest disadvantage and to give suitable advance pub- 
licity of their intention to negotiate contracts for certain 
supplies and services. The committee believes that this will 
not only benefit small business but will also assist the Serv- 
ices in the development of a larger number of known and 
capable suppliers geographically spread over the entire 
country instead of in concentrated centers, thus affording 
added production security in the event of any emergency 
and establishing insurance against acute production bottle- 
necks; . . . 



10 U.S.C. 2542. Equipment for instruction and practice: 
American National Red Cross 

The Secretary of a military department, under regulations to be 
prescribed by him, may lend equipment under the jurisdiction of 
that department that is on hand, and that can be temporarily 
spared, to any organization formed by the American National Eed 
Cross that needs it for instruction and practice for the purpose of 
aiding the Army, Navy, or Air Force in time of war. The Secretary 
shall by regulation require the immediate return, upon request, of 
equipment lent under this section. The Secretary shall require a 
bond, in double the value of the property issued under this section, 
for the care and safekeeping of that property and for its return 
when required. (Aug. 10, 1956, ch. 1041, 70A Stat. 142.) 



10 TJ.S.C. 2602. American National Red Cross: cooperation and 

ASSISTANCE 

(a) Whenever the President finds it necessary, he may accept the 
cooperation and assistance of the American National Red Cross, and 
employ it under the armed forces under regulations to be prescribed 
by the Secretary of Defense. 

(b) Personnel of the American National Red Cross who are per- 
forming duties in connection with its cooperation and assistance 
under subsection (a) may be furnished — 

(1) transportation, at the expense of the United States, while 
traveling to and from, and while performing, those duties, in 
the same manner as civilian employees of the armed forces ; 

(2) meals and quarters, at their expense or at the expense of 
the American National Red Cross, except that where civilian 
employees of the armed forces are quartered without charge, 
employees of the American National Red Cross may also be 
quartered without charge; and 

(3) available office space, warehousing, wharfage, and means 
of communication, without charge. 

[Emphasis supplied.] 



124 



(c) No fee may be charged for a passport issued to an employee 
of the American National Red Cross for travel outside the United 
States to assume or perform duties under this section. 

(d) Supplies of the American National Red Cross, including gifts 
for the use of the armed forces, may be transported at the expense 
of the United States, if it is determined under regulations pre- 
scribed under subsection (a) that they are necessary to the coopera- 
tion and assistance accepted under this section. 

(e) For the purposes of this section, employees of the American 
National Red Cross may not be considered as employees of the 
United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 145.) 



10 U.S.C. 2604. United Seamen's Service: cooperation and 

ASSISTANCE 

(a) Whenever the President finds it necessary in the interest of 
United States commitments abroad to provide facilities and services 
for United States merchant seamen in foreign areas, he may author- 
ize the Secretary of Defense, under such regulations as the Secretary 
may prescribe, to cooperate with and assist the United Seamen's 
Service in establishing and providing those facilities and services. 

(b) Personnel of the United Seamen's Service who are perform- 
ing duties in connection with the cooperation and assistance under 
subsection (a) may be furnished — 

(1) transportation, at the expense of the United States, while 
traveling to and from, and while performing those duties, in the 
same manner as civilian employees of the armed forces ; 

(2) meals and quarters, at their expense or at the expense of 
the United Seamen's Service, except that where civilian employ- 
ees of the armed forces are quartered without charge, employees 
of the United Seamen's Service may also be quartered without 
charge; and 

(3) available office space (including space for recreational 
activities for seamen), warehousing, wharfage, and means of 
communication, without charge. 

(c) No fee may be charged for a passport issued to an employee 
of the United Seamen's Service for travel outside the United States 
to assume or perform duties under this section. 

(d) Supplies of the United Seamen's Service, including gifts for 
the use of merchant seamen, may be transported at the expense of 
the United States, if it is determined under regulations prescribed 
under subsection (a) that they are necessary to the cooperation and 
assistance provided under this section. 

(e) Where practicable, the President shall also make arrange- 
ments to provide for convertibility of local currencies for the United 
Seamen's Service, in connection with its activities under subsection 
(a). 

(f ) For the purposes of this section, employees of the United Sea- 
men's Service may not be considered as employees of the United 

[Emphasis supplied.] 



125 



States. (Added Pub. L. 91-603, § 3(1), Dec. 31, 1970, 84 Stat. 
1674.) 

—NOTE— 

Excerpt from Senate Kept. 890, 80th Cong., 2d Sess. (1948) 

Under the temporary wartime authority contained in Pub- 
lic Law 779, Seventy-seventh Congress, as amended by the 
Seventy-ninth Congress, the Array and Navy Departments 
are providing transportation to and from work for personnel 
working in installations which are not served with adequate 
commercial facilities. It frequently happens that installations 
operated by the armed services are relatively much more iso- 
lated with respect to residential areas than is usually the case 
with permanent civilian industrial plants. In such cases, a 
requirement for transportation exists only during the going- 
to-work and the away-from-work periods. Furthermore, the 
installation is frequently temporary and for that reason the 
providing of transportation facilities is often not attractive 
to commercial carriers. The effect of these factors is to make it 
necessary for the armed services to continue the wartime prac- 
tice of providing to-and-from-work transportation for em- 
ployees at these installations which are not adequately served 
by commercial means. 



10 TJ.S.C. 2632. Transportation to and from certain places op 
employment 

(a) Whenever the Secretary of a military department determines 
that it is necessary for the effective conduct of the affairs of that 
department, he may, at reasonable rates of fare fixed under regula- 
tions to be prescribed by him, provide assured and adequate trans- 
portation by motor vehicle or water carrier to and from their places 
of employment for persons attached to, or employed in, that depart- 
ment, and during a war or during a national emergency declared by 
Congress or the President, for persons attached to, or employed in, a 
private plant that is manufacturing material for that department. 

(b) Transportation may not be provided under subsection (a) 
unless the Secretary of the military department concerned, or an 
officer of the department concerned designated by the Secretary, 
determines that — 

(1) other facilities are inadequate and cannot be made ade- 
quate; . 

(2) a reasonable effort has been made to induce operators of 
private facilities to provide the necessary transportation ; and 

(3) the service to be furnished will make proper use of trans- 
portation facilities and will supply the most efficient transporta- 
tion to the persons concerned. 



[Emphasis supplied.] 



126 



(c) To provide transportation under subsection (a), the depart- 
ment may — 

(1) buy, lease, or charter motor vehicles or water earners 
having a seating capacity of 12 or more passengers; 

(2) maintain and operate that equipment by — 

(A) enlisted members of the Army, Navy, Air Force or 
Marine Corps, as the case may be; 

( B ) employees of the department concerned ; and 

(C) private persons under contract; and 

(3) lease or charter the equipment to private or public car- 
riers for operation under terms that are considered necessary by 
the Secretary or by an officer of the department designated by 
the Secretary, and that may provide for the pooling of Govern- 
ment-owned and privately owned equipment and facilities and 
for the reciprocal use of that equipment. 

(d) Fares received under subsection (a), and proceeds of the leas- 
ing or chartering of equipment under subsection (c) (3), shall be 
covered into the Treasury as miscellaneous receipts. (Aug. 10, 1956, 
ch. 1041, 70A Stat. 146.) 



10 U.S.C. 2663. Acquisition 

(a) The Secretary of a military department may have proceedings 
brought in the name of the United States, in a court of proper juris- 
diction, to acquire by condemnation any interest in land, including 
temporary use, needed for — 

(1) the site, construction, or operation of fortifications, coast 
defenses, or military training camps; 

(2) the construction and operation of plants for the produc- 
tion of nitrate and other compounds, and the manufacture of 
explosives or other munitions of war ; or 

(3) the development and transmission of power for the oper- 
ation of plants under clause (2) . 

(b) In time of war or when war is imminent, the United States 
may, immediately upon the filing of a petition for condemnation 
under subsection (a), take and use the land to the extent of the 
interest sought to be acquired. 

(c) The Secretary of the military department concerned may con- 
tract for or buy any interest in land, including temporary use, 
needed for any purpose named in subsection (a), as scon as the 
owner fixes a price for it and the Secretary considers that price to 
be reasonable. 

(d) The Secretary of the military department concerned may 
accept for the United States a gift of any interest in land, including 
temporary use, for any purpose named in subsection (a). (Aug. 10, 
1956, ch. 1041, 70A Stat. 147-; Sept. 2, 1958, Pub. L. 85-861, § 33 
(a) (14), 72 Stat. 1565.) 

[Emphasis supplied.] 



127 



— N O T E — 

Excerpt from Senate Kept. 55, 65th Cong., 1st Sess. (1917) 

In making preparation for the mobilization and training 
of the military forces to be raised under the provisions of 
the act approved May 18, 1917, it will be necessary to pro- 
vide extensive camp or cantonment sites in various parts of 
the country far in excess of the existing facilities. It is 
manifestly impracticable to secure adequate and sufficient 
sites by private negotiation, and some means must be pro- 
vided by which the Government can obtain such sites at 
reasonable prices and with the greatest possible expedition. 
The 'proposed measure is simply an extension of the power 
of the (Government over lands for purposes other than mili- 
tary. There appears to be no statute expressly authorizing 
in general terms the condemnation of private property for 
this purpose. 



10 U.S.C. 2664. Acquisition of property for lumber production 

(a) The Secretary of a military department, the Secretary of 
Commerce, and the Chairman of the Federal Maritime Board, or 
any one or more of them, may have proceedings brought in the name 
of the United States to acquire by condemnation any interest in 
property named in subsection (b), including temporary use, and 
needed for — 

(1) the production of aircraft, vessels, dry docks, or equip- 
ment for them ; 

(2) the procurement of supplies for aircraft, vessels, and dry 
docks; or 

(3) housing for persons employed by the United States in 
connection with functions of the Army, Navy, Air Force, or 
Marine Corps, or the functions transferred to the Secretary of 
Commerce or the Federal Maritime Board by 1950 Reorganiza- 
tion Plan No. 21, effective May 24, 1950 (64 Stat. 1273), as the 
case may be. 

(b) The kinds of property that may be acquired by condemnation 
under subsection (a) are — 

( 1 ) standing or fallen timber ; 

(2) sawmills; 

(3) camps; 

(4) machinery; 

(5) logging roads; 

(6) rights-of-way; 

(7) supplies; and 

(8) works, property, or appliances suitable for the production 
of lumber and timber products. 

[Emphasis supplied.] 



128 



(c) Jurisdiction over condemnation proceedings under this section 
is vested in the United States District Court for the district in 
which the property, or any part of it, sought to be condemned is 
located, regardless of its value. 

(d) In time of war or when war is imminent, the United States 
may, immediately upon the filing of a petition for condemnation 
under subsection (a), take and use the property to the extent of the 
interest sought to be acquired. 

(e) A person named in subsection (a) may contract for or buy any 
interest m property named in subsection (b), including temporary 
use, needed for any purpose named in subsection (a), as soon as the 
owner fixes a price for it and that person considers that price to be 
reasonable. 

(f) A person named in subsection (a) may accept for the United 
States a gift of any property named in subsection (b), including 
temporary use, for any purpose named in subsection (a). (Aug. 10, 
1956, ch. 1041, 70A Stat. 148; Sept. 2, 1958, Pub. L. 85-861, § 33 
(a) (15), 72 Stat. 1565.) 



10 U.S.C. 2667. Leases: non-excess property 

(a) Whenever the Secretary of a military department considers it 
advantageous to the United States, he may lease to such lessee and 
upon such terms as he considers will promote the national defense or 
be in the public interest, real or personal property that is — 

(1) under the control of that department; 

(2) not for the time needed for public use; and 

(3) not excess property, as defined by section 472 of title 40. 

(b) A lease under subsection (a) — 

(1) may not be for more than five years, unless the Secretary 
concerned determines that a lease for a longer period will pro- 
mote the national defense or be in the public interest ; 

(2) may give the lessee the first right to buy the property if 
the lease is revoked to allow the United States" to sell the prop- 
erty under any other provision of law ; 

(3) must permit the Secretary to revoke the lease at any time, 
unless he determines that the omission of such a provision will 
promote the national defense or be in the public interest; 

(4) must be revocable by the Secretary during a national 
emergency declared by the President; and 

(5) may provide, notwithstanding section 303b of title 40 or 
any other provision of law, for the maintenance, protection, 
repair, or restoration, by the lessee, of the property leased, or of 
the entire unit or installation where a substantial part of it is 
leased, as part or all of the consideration for the lease. 

(c) This section does not apply to oil, mineral, or phosphate 
lands. 

(d) Money rentals received by the United States directly from a 
lease under this section shall be covered into the Treasury as miscel- 

[Emphasis supplied.] 



129 



laneons receipts. Payments for utilities or services furnished to the 
lessee under such a lease by the department concerned may be cov- 
ered into the Treasury to the credit of the appropriation from which 
the cost of f urnishing them was paid. 

(e) The interest of a lessee of property leased under this section 
may be taxed by State or local governments. A lease under this sec- 
tion shall provide that, if and to the extent that the leased property 
is later made taxable by State or local governments under an act of 
Congress, the lease shall be renegotiated. (Aug. 10, 1956, ch. 1041, 
70A Stat. 150.) 



10 U.S.C. 2674. Establishment and development of military 

FACILITIES AND INSTALLATIONS COSTING LESS THAN $300,000 

(a) Under such regulations as the Secretary of Defense may pre- 
scribe, the Secretary of a military department may acquire, con- 
struct, convert, extend, and install, at military installations and 
facilities, urgently needed permanent or temporary public works not 
otherwise authorized by law, including the preparation of sites and 
the furnishing of appurtenances, utilities, and equipment, but exclud- 
ing the construction of family quarters. However, a determination 
that a project is urgently needed is not required for a project cost- 
ing not more than $50,000. 

(b) This section does not authorize, a project costing more than 
$300,000. A project costing more than $100,000 must be approved in 
advance by the Secretary of Defense, and a project costing more 
than $50,000 must be approved in advance by the Secretary con- 
cerned. 

(c) Not more than one allotment may be made for any project 
authorized under this section. 

(d) Not more than $50,000 may be spent under this section during 
a fiscal year to convert structures to family quarters at any one 
installation or facility. 

(e) Appropriations available for military construction may be 
used for the purposes of this section. In addition, the Secretary con- 
cerned may spend, from appropriations available for maintenance 
and operations, amounts necessary for any project costing not more 
than $50,000 that is authorized under this section. 

(f) .The Secretary of each military department shall report in 
detail every six months to the Committees on Armed Services of the 
Senate and House of Representatives on the administration of this 
section. (Added Pub. L. 85-861, § 1 (51), Sept. 2, 1958, 72 Stat. 
1459, and amended Pub. L. 87-651, title I, § 112(b), Sept. 7, 1962, 
76 Stat 511 ; Pub. L. 88-174, title VI, 608, Nov. 7, 1963. 77 Stat. 
328- Pub. Jj. 89-188, title VI, § 613, Sept. 16, 1965, 79 Stat. 819; 
Pub L. 89-568, title VI, § 608. Sept. 12, 1966, 80 Stat 756; Pub. L. 
91-511, title VI, § 607 (2)-(4), Oct. 26, 1970, 84 Stat. 1224.) 

[Emphasis supplied.] 



130 



10 U.S.C. 2733. Property los6; personal injury or death : incident 
to noncombat activities of department of army, navy, or alr 
Force 

(a) Under such regulations as the Secretary concerned may pre- 
scribe, he, or, subject to appeal to him, the Judge Advocate General 
of an armed force under his jurisdiction, or the chief legal officer of 
the Coast Guard, as appropriate, if designated by him, may settle, 
and pay in an amount not more than $15,000, a. claim against the 
United States for — 

(1) damage to or loss of real property, including damage or 
loss incident to use and occupancy ; 

(2) damage to or loss of personal property, including prop- 
erty bailed to the United States and including registered or 
insured mail damaged, lost, or destroyed by a criminal act while 
in the possession of the Army, Navy, Air Force, Marine Corps, 
or Coast Guard, as the case may be ; or 

(3) personal injury or death ; 

either caused by a civilian officer or employee of that department, or 
the Coast Guard, or a member of the Army, Xavy, Air Force, 
Marine Corps, or Coast Guard, as the case may be, acting within the 
scope of his employment, or otherwise incident to noncombat activi- 
ties of that department, or the Coast Guard. 

(b) A claim may be allowed under subsection (a) only if — 

(1) it is presented in writing within two years after it 
accrues, except that if the claim accrues in time of war or 
armed conflict or if such a war or armed conflict intervenes 
within two years after it accrues, and if good cause is shown, 
the claim may be presented not later than two years after the 
war or armed conflict is terminated ; 

(2) it is not covered by section 2734 of this title or section 
2672 of title 28; 

(3) it is not for personal injury or death of such a member or 
civilian officer or employee whose injury or death is incident to 
his service ; 

(4) the damage to, or loss of, property, or the personal injury 
or death, was not caused wholly or partly by a negligent or 
wrongful act of the claimant, his agent, or his employee; or, if 
so caused, allowed only to the extent that the law of the place 
where the act or omission complained of occurred would permit 
recovery from a private individual under like circumstances; 
and 

(5) it is substantiated as prescribed in regulations of the Sec- 
retary concerned. 

For the purposes of clause (1), the dates of the beginning and 
ending of an armed conflict are the dates established by concurrent 
resolution of Congress or by a determination of the President. 

(c) Payment may not be made under this section for reimburse- 
ment for medical, hospital, or burial services furnished at the 
expense of the United States. 

[Emphasis supplied.] 



131 



(d) If the Secretary concerned considers that a claim in excess of 
$15,000 is meritorious and would otherwise be covered by this sec- 
tion, he may pay the claimant $15,000 and report the excess to Con- 
gress for its consideration. 

(e) Except as provided in subsection (d), no claim may be paid 
under this section unless the amount tendered is accepted by the 
claimant in full satisfaction. 

(f) For the purposes of this section, a, member of the Environ- 
mental Science Services Administration or of the Public Health 
Service who is serving with the Navy or Marine Corps shall be 
treated as if he were a member of that armed force. 

(g) In any case where the amount to be paid is not more than 
$2,500, the authority contained in subsection (a) may be delegated to 
any officer of an armed force under the jurisdiction of the depart- 
ment concerned, subject to appeal to the Secretary concerned, or his 
designee for that purpose. 

(h) Under such regulations as the Secretary of Defense may pre- 
scribe, he or his designee has the same authority as the Secretary of 
a military department under this section with respect to the settle- 
ment of claims based on damage, loss, personal injury, or death 
caused by a civilian officer or employee of the Department of 
Defense acting within the scope of his employment or otherwise 
incident to noncombat activities of that department. (Aug. 10, 1956, 
ch. 1041, 70A Stat. 153; Aug. 23, 1958, Pub. L. 85-729, 72 Stat. 813; 
Sept. 2, 1958. Pub. L. 85-861, § 1(54), 72 Stat. 1461; Nov. 2, 1966, 
Pub. L. 89-718, § 8(a), 80 Stat. 1117; Sept. 26, 1968, Pub. L. 
90-522, 82 Stat. 875; Sept. 26, 1968, Pub. L. 90-525, §§ 1, 3, 4, 5, 
82 Stat. 877, 878 ; July 8, 1970, Pub. L. 91-312, § 2, 84 Stat. 412.) 



10 U.S.C. 2734. Property loss ; personal injury or death : inci- 
dent TO NONCOMBATANT ACTIVITIES OF THE ARMED FORCES ; FOREIGN 
COUNTRIES 

(a) To promote and maintain friendly relations through the 
prompt settlement of meritorious claims the Secretary concerned or 
any officer designated by him may, under such regulations as the 
Secretary may prescribe, appoint one or more claims commissions, 
each composed of one or more commissioned officers of the armed 
forces, to settle and pay any claim for not more than $15,000, for — ■ 

(1) damage to, or loss of, real property of any foreign coun- 
try or of any political subdivision or inhabitant of a foreign 
country, including damages or loss incident to use and occu- 
pancy ; 

(2) damage to, or loss of, personal property of any foreign 
country or of any political subdivision or inhabitant of a for- 
eign country, including property bailed to the United States ; or 

(3) personal injury to, or death of, any inhabitant of a for- 
eign country ; 

if the damage, loss, personal injury, or death occurs outside the 
United States, or the Territories, Commonwealths, or possessions, 



132 



and is caused by, or is otherwise incident to noncombat activities of, 
the armed forces under his jurisdiction, or is caused by a member 
thereof or by a civilian employee of the military department con- 
cerned or the Coast Guard, as the case may be. The claim of an 
insured, but not that of a subrogee, may be considered under this 
subsection. In this section, "foreign country" includes any place 
under the jurisdiction of the United States in a foreign country. An 
officer may serve on a claims commission under the jurisdiction of 
another armed force only with the consent of the Secretary of his 
department, or his designee, but shall perform his duties under regu- 
lations of the. department appointing the commission. 

(b) A claim may be allowed under subsection (a) only if — 

(1) it is presented within two years after it accrues; 

(2) in the case of a national of a country at war with the 
United States, or of any ally of that country, the claimant is 
determined by the commission or by the local military com- 
mander to be friendly to the United States ; and 

(3) it did not arise from action by an enemy or result 
directly or indirectly from an act of the armed forces of the 
United States in combat, except that a claim may be allowed if 
it arises from an accident or malfunction incident to the opera- 
tion of an aircraft of the armed forces of the United States, 
including its airborne ordnance, indirectly related to combat, 
and occurring while preparing for, going to, or returning from 
a combat mission. 

(c) Allowance of a claim for more than $2,500 under subsection 
(a) may, by regulation, be made subject to the approval of any com- 
missioned officer designated by the Secretary concerned. 

(d) If the Secretary concerned considers that a claim in excess of 
$15,000 is meritorious and would otherwise be covered by this sec- 
tion, he may pay the claimant $15,000 and certify the excess to Con- 
gress as a legal claim for payment from appropriations made by 
Congress therefor, together with a brief statement of the claim, the 
amount claimed, the amounts allowed, and the amount paid. 

(e) Except as provided inj subsection (d), no claim may be paid 
under this section unless the amount tendered is accepted by the 
claimant in full satisfaction. 

(f) Upon the request of the department concerned, a claim arising 
in that department and covered by subsection (a) may be settled and 
paid by a commission appointed under subsection (a) and composed 
of officers of an armed force under the jurisdiction of another 
department. 

(g) Payment of claims against the Coast Guard arising while it is 
operating as a service in the Department of the Treasury shall be 
made out of the appropriation for the operating expenses of the 
Coast Guard. 

(h) The Secretary of Defense may designate any claims commis- 
sion appointed under subsection (a) to settle and pay, as provided in 
this section, claims for damage caused by a civilian employee of the 
Department of Defense other than an employee of a military depart- 
ment. Payments of claims under this subsection shall be made from 

[Emphasis supplied.] 



133 



appropriations available to the Office of the Secretary of Defense for 
the payment of claims. (Aug. 10, 1956, eh. 1041, 70A Stat. 154: Sept. 
2 1958, Pub. L. 85-861, § 1 (55), 72 Stat. 1461; Sept. 1, 1959, Pub. L. 
86-223, § 1(1), 73 Stat. 453; Apr. 8, 1960, Pub. L. 86^11, 73 Stat. 
16; Sept. 26, 1968, Pub. L. 90-521, § 1, 3, 82 Stat. 874; July 8, 1970, 
Pub. L. 91-312, § 1, 84 Stat. 412.) ' 



10 TJ.S.C. 3031. Composition : assignment and detail of memeees 
of Army and Civilians 

(a) There is in the executive part of the Department of the Army 
an Armv Staff consisting of — 

(1) the chief of Staff; 

(2) the Vice Chief of Staff; 

(3) not more than three Deputy Chiefs of Staff as prescribed 
by the Secretary of the Army ; 

(4) not more than five Assistant Chiefs of Staff, as prescribed 
by the Secretary ; 

(5) the officers named in sections 3036, 3039, and 3040 of this 
title; 

(6) other members of the Army assigned or detailed to the 
Army Staff ; and 

(7) civilians in the Department of the Army assigned or 
detailed to the Army Staff. 

(b) Except as otherwise specifically prescribed by law, the Army 
Staff shall be organized in such manner, and its members shall per- 
form such duties and have such titles, as the Secretary may pre- 
scribe. A part of the Army Staff may be designated as the Army 
General Staff. 

(c) Not more than 3,000 officers of the Army may be assigned or 
detailed to permanent duty in the executive part of the Department 
of the Army. Of this number not more than 1,000 may be detailed 
or assigned to duty on or with the Army General Staff. However, 
these limitations do not apply in time of war. or of national emer- 
gency declared by Congress, or whenever the President finds that it 
is in the national interest to increase the number of officers in the 
executive part of the Department or on or with the Army General 
Staff. The Secretary shall report quarterly to Congress the number 
of officers in the executive part of the Department of the Army and 
the number of commissioned officers on or with the Army General 
Staff, and the justification therefor. 

(d) No commissioned officer who is assigned or detailed to duty in 
the executive part of the Department of the Army may serve for a 
tour of duty of more than four years. However, the Secretary may 
extend such a tour of duty if he makes a special finding that the 
extension is necessary in the public interest. No officer may be 
assigned or detailed to duty in the executive part of the Department 
of the Army within two years after relief from that duty, except 
upon a special finding by the Secretary that the assignment or detail 
is necessary in the public interest. This subsection does not apply in 

[Emphasis supplied.] 



134 



time of war, or of national emergency declared by Congress. (Aug. 
10, 1956, ch. 1041, 70A Stat. 160.) 



10 U.S.C. 3034. Chief op Staff: appointment; duties 

(a) The Chief of Staff shall be appointed by the President, by 
and with the advice and consent of the Senate, for a period of four 
years, from the general officers of the Army. He serves during the 
pleasure of the President. In time of war or national emergency, 
declared hy the Congress after December 31, 1968, he may be reap- 
pointed for a term of not more than four years. 

(b) The Chief of Staff, while so serving, has the grade of general 
without vacating his regular or reserve grade, and is counted as one 
of the officers authorized to serve in a grade above lieutenant general 
under section 3066 of this title. 

(c) Except as otherwise prescribed by law and subject to section 
3012 (c) and (d) of this title, the Chief of Staff performs his duties 
under the direction of the Secretary of the Army, and is directly 
responsible to the Secretary for the efficiency of the Army, its pre- 
paredness for military operations, and plans therefor. 

(d) The Chief of Staff shall— 

( 1 ) preside over the Army Staff ; 

(2) send the plans and recommendations of the Army Staff to 
the Secretary, and advise him with regard thereto ; 

(3) after approval of the plans or recommendations of the 
Army Staff by the Secretary, act as the agent of the Secretary 
in carrying them into effect ; 

(4) exercise supervision over such of the members and organi- 
zations of the Army as the Secretary of the Army determines. 
Such supervision shall be exercised in a manner consistent with 
the full operational command vested in unified or specified com- 
batant commanders under section 124 of this title; 

(5) perform the duties described for him by sections 141 and 
171 of this title and other provisions of law : and 

(6) perform such other military duties, not otherwise 
assigned by law, as are assigned to him by the President. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 162; Aug. 6, 1958, Pub. L. 
85-599; § 4(a), 72 Stat. 516; Sept. 7, 1962, Pub. L. 87-651, title I, 
114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV, §401, 81 
tat. 53.) 

—NOTE— 

Excerpt from House Rept. 270, 90th Cong., 1st Sess. (1967) 

Existing law authorizes the appointment of the Chief of 
Staff of the Army, Chief of Staff of the Air Force, and 
Chief of Nav al Operations for a term of not more than 4 
years, unless reappointed by the President. Under title IV 
the Chief of Staff of the Army, Chief of Staff of the Air 
Force, and Chief of Naval Operations will be appointed for 

[Emphasis supplied.] 



135 



a specific term of 4 years and they may not be reappointed 
unless Congress thereafter declares a state of war or 
national emergency. Of course, these officers will continue to 
serve at the pleasure of the President. 

The Commandant of the Marine Corps, under current 
law, is appointed for a specific term of 4 years. Under the 
proposed title IV the Commandant of the Marine Corps 
may be reappointed under the same conditions as the Chief 
of Staff of the Army, Chief of Staff of the Air Force, and 
Chief of Naval Operations. 

This title does not affect the appointment or tenure of 
office of the Chairman of the Joint Chiefs of Staff. 

Title IV will become effective January 1, 1969. 

The conferees agreed that title IV should be included in 
the bill but also agreed that wherever in sections 401, 402, 
403, and 404 the sentence — 

In time of war or national emergency thereafter 
declared by the Congress he may be reappointed 
for a term of not more than four years, 
appears, the following language should be substituted there- 
for: 

In time of war or national emergency declared by the 
Congress after December 31, 1968 he may be reappointed 
for a term of not more than four years. 



10 U.S.C. 3062. Policy ; composition ; organized peace establishment 

(a) It is the intent of Congress to provide an Army that is capa- 
ble, in conjunction with the other armed forces, of — 

(1) preserving the peace and security, and providing for the 
defense, of the United States, the Territories, Commonwealths, 
and possessions, and any areas occupied by the United States; 

( 2 ) supporting the national policies ; 

(3) implementing the national objectives; and 

(4) overcoming any nations responsible for aggressive acts 
that imperil the peace and security of the United States. 

(b) In general, the Army, within the Department of the Army, 
includes land combat and service forces and such aviation and water 
transport as may be organic therein. It shall be organized, trained, 
and equipped primarily for prompt and sustained combat incident 
to operations on land. It is responsible for the preparation of land 
forces necessary for the effective prosecution of war except as other- 
wise assigned and, in accordance with integrated joint mobilization 
plans, for the expansion of the peacetime components of the Army 
to meet the needs of war. 

(c) The Army consists of — 

(1) The Regular Army, the Army National Guard of the 
United States, the Army National Guard while in the service of 
the United States and the Army Reserve ; and 

[Emphasis supplied.] 



136 



(2) all persons appointed or enlisted- in, or conscripted into, 
the Army without component, 
(d) The organized peace establishment of the Army consists of 
all — 

(1) military organizations of the Army with their installa- 
tions and supporting and auxiliary elements, including combat, 
training, administrative, and logistic elements ; and 

(2) members of the Army, including those not assigned to 
units; 

necessary to form the basis for a complete and immediate mobiliza- 
tion for the national defense in the ecent of a national emergency. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 166.) 



10 U.S.C. 3063. Basic branches 

(a) The Secretary of the Army may assign members of the Army 
to its basic branches. The basic branches are — 

(1) Infantry; 

(2) Armor; 

(3) Artillery; 

(4) Corps of Engineers; 

(5) Signal Corps; 

( 6 ) Adj utant General 's Corps ; 

( 7 ) Quartermaster Corps ; 

(8) Finance Corps ; 

(9) Ordnance Corps ; 

(10) Chemical Corps ; 

(11) Transportation Corps ; 

(12) Military Police Corps: and 

(13) such other basic branches as the Secretary considers nec- 
essary. 

(b) The Secretary may discontinue or consolidate basic blanches 
of the Army for the duration of any war, or of any national emer- 
gency declared by Congress. 

(c) The Secretary may not assign to a basic branch any commis- 
sioned officer appointed in a special branch. (Aug. 10, 195C, ch. 1041, 
70A Stat. 166.) 



10 U.S.C. 3201. Army: membeks on active duty 

(a) The authorized strength of the Army in members on active 
duty, exclusive of — 

(1) officer candidates ; 

(2) Reserves on active duty for training; 

(3) members paid from appropriations for the Army 
National Guard or the Army Reserve ; 

(4) Reserves ordered to active duty in an emergency; and 

(5) enlisted members in a reserve officers' training corps or 
serving as cadets at the United States Military Academy, the 

[Emphasis supplied.] 



137 



United States Air Force Academy, or the United States Coast 
Guard Academy, or as midshipmen at the United States Naval 
Academy or in the Naval Reserve; 
is 837,000. 

(b) The authorized daily average strength of the Army in mem- 
bers, on active duty during the fiscal year, exclusive of — 

( 1 ) officer candidates ; 

(2) Reserves on active duty for training purposes only ; 

(3) members employed in the Selective Service System; and 

(4) enlisted members in a reserve officers' training corps or 
serving as cadets at the United States Military Academy, the 
United States Air Force Academy, or the United States Coast 
Guard Academy, or as midshipmen at the United States Naval 
Academy or in the Naval Reserve ; 

is 837,000. (Aug. 10, 1956, ch. 1041, 70A Stat. 172; Sept. 2, 1958, 
Pub. L. 85-861, § 1 (62), 72 Stat. 1462; Oct. 13, 1964, Pub. L. 
88-647, title III, § 301 (4), 78 Stat. 1071.) 



10 U.S.C. 3202. Army : officers in certain commissioned grades 

(a) The authorized strength of the Army in officers on active 
duty in each of the following grades on the last day of each fiscal 
year, exclusive of officers on active duty for training only and 
officers serving with other departments or agencies on a reimbursable 
basis, is, except as provided in subsections (e) and (f), based on the 
total number of those officers authorized by the Secretary of the 
Army in all commissioned grades, as follows : 



If the total The authorized strength in grade is — 

number 

authorized is — For general For colonels For lieuten- For majors 
officers ant colonels 



50,000 350 3, 352 6, 940 9, 350 

60,000 400 3, 752 8, 045 10, 950 

70,000 425 4, 102 9, 150 12, 500 

80 000. 450 4,452 10,205 14,050 

90 000 475 4,752 11,260 15,600 

100 000 _ -- 495 5,002 12,265 17,060 

110000 --- 510 5,202 13,270 18,370 

120 000" _ . 520 5, 402 14, 175 19, 680 

130*000 530 5,602 15,075 20,890 

UO'OOO 540 5,802 15,875 22,095 

150'000"I" 550 6,002 16,675 23,300 



If the total number authorized by the Secretary is determined to 
be between two of the figures named in the first column of the table, 
the corresponding authorized strengths in grade are determined by 
mathematical interpolation between the respective authorized 
strenoths named in the table. If it is determined to be more than 
150 000, the Secretary shall fix the corresponding authorized 
strengths in grade in general conformity with the table. 



138 



(b) Not more than one-half of the general officer strength may be 
in grades above brigadier general. 

(c) A vacancy in any grade may be filled by an authorized 
appointment in any lower grade. 

(d) In time of war, or of national emergency declared after May 
5, 1954, by Congress or the President, the President may suspend the 
operation of any provision of this section. 

(e) The authorized strengths of the Army in Officers in the Medi- 
cal Corps and Dental Corps in grades below brigadier general shall 
be based on the needs of the Army, as determined by the Secretary 
under regulations to be prescribed by the Secretary of Defense. 

(f) In determining the authorized strength of the Army under 
subsection (a), the strengths authorized for the Medical Corps and 
Dental Corps shall be excluded. (Aug. 10, 1956, ch. 1041, 70A Stat. 
172; Sept. 2, 1958, Pub. L. 85-861, § 1(63), 72 Stat. 1463; Dec. 28, 
1967, Pub. L. 90-228, § 1(1), (2), 81 Stat. 745.) 

— N O T E— 

Excerpt from Senate Kept. 1215, 82d Cong., 2d Sess. (1954) 

suspension of provisions during time of emergency 

This section permits the President to suspend, in time of 
war or national emergency declared after enactment of this 
act, all or any part of the provisions of the act which relate 
to officers of the Army and Air Force, and those provisions 
of the Officer Personnel Act of 1947, amended by this act, 
which relate to distribution in grades for officers of the 
Navy above the grade of lieutenant and of the Marine 
Corps above the grade of captain. Section 426(c) of the 
Officer Personnel Act of 1947, as amended, permits the 
President to suspend, in time of war or national emergency 
declared after August 7, 1947, all or any part of the provi- 
sions of that act which relate to distribution in grades, pro- 
motion by selection, and involuntary retirement and dis- 
charge of officers of the Navy and Marine Corps. Section 
403 of the bill limits the President's suspension authority 
with regard to provisions of the Officer Personnel Act of 
1947, as amended, which relate to distribution in grades 
above that of lieutenant in the Navy and captain in the 
Marine Corps, to time of war or national emergency 
declared after enactment of proposed legislation. 



10 U.S.C. 3313. Suspension of laws for promotion or mandatory 

RETIREMENT OR SEPARATION DURING WAR OR EMERGENCY 

In time of war, or of emergency declared by Congress or the Pres- 
ident, the President may suspend the operation of any provision of 



[Emphasis supplied.] 



139 



law relating to promotion, or mandatory retirement or separation, of 
commissioned officers of the Regular Army. (Aug. 10, 1956, ch. 1041, 
70A Stat. 193.) 



10 U.S.C. 3444. Commissioned officers : during war or emergency 

(a) In time of emergency declared by Congress or tlie President, 
and. in time of war, the President may appoint any qualified person, 
including a person who is not a Regular or Reserve, in any tempo- 
rary commissioned grade. 

(b) An officer appointed under subsection (a) may be ordered to 
active duty for such period as the President prescribes. 

(c) Unless sooner vacated, an appointment under subsection (a) is 
effective during the war or emergency in which it is made and for 
six months thereafter. 

(d) For the purposes of determining grade, position on a promo- 
tion list, seniority in temporary grade, and eligibility for promotion, 
an officer of the Medical or Dental Corps who is appointed in a tem- 
porary grade under subsection (a) shall, when he enters on active 
duty, be credited with the constructive service authorized by section 
3294 (b) of this title. (Aug. 10, 1956, ch. 1041, 70A Stat, 196; Sept. 
2, 1958, Pub. L. 85-861, § 1(81) (A), 72 Stat. 1480.) 



10 U.S.C. 3445. Officers: additional appointments during war 

OR EMERGENCY 

(a) In addition to appointments authorized under section 3442 of 
this title, in time of war or of national emergency declared by the 
President, a regular officer or a reserve warrant officer may be 
appointed in a temporary grade that is higher than his regular or 
reserve grade, without vacating that grade. 

(b) In addition to appointments authorized under subsection (a) 
of this section, and sections 3442 and 3444 of this title, in time of 
war a person who holds no commissioned grade in the Regular 
Army may be appointed in any temporary commissioned grade. 

(c) Unless sooner vacated, the appointment of an officer under 
subsection (b), except a member of the Regular Army, is effective 
during the war in which it is made and for six months thereafter. 

(d) Each officer appointed under subsection (b) shall, unless he is 
a member of the Regular Army, be relieved from active duty, at his 
reauest, within six months after the termination of the war. (Aug. 
1CL 1956, ch. 1041, 70A Stat. 196; Sept. 2, 1958, Pub. L. 85-861, § 
1(81) (B), 72 Stat. 1480.) 

v ' — NOTE— 

Excerpt from Senate Rept. 2484, 84th Cong., 2d Sess. (1956) 

Your committee deems it advisable, therefore, to provide 
that in time of war a Regular Army officer may receive a 



[Emphasis supplied.] 



140 



higher temporary appointment, and that such Regular 
Army officer and all others appointed as officers, regardless 
of from what source they come, shall be appointed and com- 
missioned in the Army of the United States, thereby plac- 
ing all officers upon an equal basis in time of war and cor- 
recting one of the glaring mistakes made in the 
administration of officer personnel during the recent World 
War. 

In conclusion, your committee wishes to state that the 
passage of this bill will eliminate the necessity for resorting 
to the draft in order to secure the services of the officers 
and enlisted men of the National Guard in time of emer- 
gency, which draft to these men who have previously volun- 
teered is most obnoxious,- and, in the opinion of your com- 
mittee, will also be a most important step toward 
solidifying the three components of the Army of the United 
States — the Kegular Army, the National Guard of the 
United States, and the Organized Reserves, and will pro- 
vide in a definite manner for that unity of command which 
is so essential to the success of any military undertaking. 



10 U.S.C. 3500. Army National Guard in Federal service: call 
Whenever — 

(1) the United States, or any of the Territories, Common- 
wealths, or possessions, is invaded or is in danger of invasion by 
a foreign nation ; 

(2) there is a rebellion or danger of a rebellion against the 
authority of the Government of the United States ; or 

(3) the President is unable with tlie regular forces to execute 
the laws of tlie United States; 

the President may call into Federal service members and units of 
the Army National Guard of any State or Territory, Puerto Rico, 
the Canal Zone, or the District of Columbia in such numbers as he 
considers necessary to repel the invasion, suppress the rebellion, or 
execute those laws. Orders for these purposes shall be issued through 
the governors of the States, the Territories, Puerto Rico, and the 
Canal Zone, and, in the District of Columbia, through the command- 
ing general of the National Guard of the District of Columbia. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 199.) 



10 U.S.C. 3741. Medal of honor: award 

The President may award, and present in the name of Congress, a 
medal of honor of appropriate design, with ribbons and appurte- 
nances, to a person who while a member of the Army, distinguished 

[Emphasis supplied.] 



141 



himself conspicuously by gallantry and intrepidity at the risk of his 
life above and beyond the call of duty — 

(1) while engaged in an action against an enemy of the 
United States; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force ; or 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 215; July 25, 1963, Pub. L. 
88-77,§ 1(1), 77 Stat, 93.) 

[See 14 U.S.C. 491, Note, infra.'] 



10 U.S.C. 3742. Distinguished-service cross : award 

The President may award a distinguished-service cross of appro- 
priate design, with ribbons and appurtenances, to a person who, 
while serving in any capacity with the Army, distinguishes himself 
by extraordinary heroism not justifying the award of a medal of 
honor — 

(1) while engaged in an action against an enemy of the 
United States ; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force ; or 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 215; July 25, 1963, Pub. L. 
88-77, § 1(2), 77 Stat. 93.) 

[See 14 U.S.C. 491, Note, infra.'] 



10 U.S.C. 3746. Silver star: award 

The President may award a silver star of appropriate design, with 
ribbons and appurtenances, to a person who, while serving in any 
capacity with the Army, is cited for gallantry in action that does 
not warrant a medal of honor or distinguished-service cross — 

(1) while engaged in an action against an enemy of the 
United States ; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force ; or 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 216; July 25, 1963, Pub. L. 
88-77. §1(3), 77 Stat. 93.) 

[See 14 U.S.C. 491, Note, infra.] 

[Emphasis supplied.] 



24-509 O - 73 - 11 



142 



10 U.S.C. 3750. Soldier's Medal : award ; limitations 

(a) The President may award a decoration called the "Soldier's 
MeUal", of appropriate design with accompanying ribbon, to any 
person who, while serving in any capacity with the Army, distin- 
guishes himself by heroism not im-olomg actual conflict with an 
enemy. 

(b) Not more than one Soldier's Medal may be awarded to a 
person. However, for each succeeding act that would otherwise jus- 
tify the award of such a medal, the President may award a suitable 
bar or other device to be worn as he directs. (Aug. 10, 1956, ch. 1041, 
70A Stat. 217.) 

[See 14 U.S.C. 419, Note, infra.] 



10 U.S.C. 4025. Production of sdpplies and munitions : hours and 

PAY OF LABORERS AND MECHANICS 

During a national emergency declared by the President, the regu- 
lar working hours of laborers and mechanics of the Department of 
the Army producing military supplies or munitions are 8 hours a 
day or 40 hours a week. However, under regulations prescribed by 
the Secretary of the Army these hours may be exceeded. Each 
laborer or mechanic who works more than 40 hours in a workweek 
shall be paid at a rate not less than one and one-half times the regu- 
lar hourly rate for each hour in excess of 40. (Aug. 10, 1956, ch. 
1041 , 70A Stat. 234. ) 



10 U.S.C. 4501. Industrial mobilization: orders; priorities; 

POSSESSION OF MANUFACTURING PLANTS ; VIOLATIONS 

(a) In time of war or when war is imminent, the President, 
through the head of any department, may order from any person or 
organized manufacturing industry necessary products or materials 
of the type usually produced or capable of being produced by that 
person or industry. 

.(b) A person or industry with whom an order is placed under 
subsection (a), or the responsible head thereof, shall comply with 
that order and give it precedence over all orders not placed under 
that subsection. 

(c) In time of war or when war is imminent, the President, 
through the head of any department, may take immediate possession 
of any plant that is equipped to manufacture, or that in the opinion 
of the Secretary of the Army is capable of being readily trans- 
formed into a plant for manufacturing, arms or ammunition, parts 
thereof, or necessary supplies for the Army, if the person or indus- 
try owning or operating the plant, or the responsible head thereof, 
refuses — 

(1) to give precedence to the order as prescribed in subsection 
(b); 



[Emphasis supplied.] 



143 



(2) to manufacture the kind, quantity, or quality of arms or 
ammunition, parts thereof, or necessary supplies, as ordered by 
the Secretary ; or 

(3) to furnish them at a reasonable price as determined by 
the Secretary. 

(d) The President, through the Ordnance Corps, may manufac- 
ture products that are needed in time of war or when war h immi- 
nent, in any plant that is seized under subsection (c). 

(e) Each person or industry from whom products or materials are 
ordered under subsection (a) is entitled to fair and just compensa- 
tion. Each person or industry whose plant is seized under subsection 
(c) is entitled to a fair and just rental. 

(f ) Whoever fails to comply with this section shall be imprisoned 
for not more than three years and fined not more than $50,000. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 251.) 



10 U.S.C. 4502. Industrial mobilization ; plants ; lists ; Board on 
Mobilization of Industries Essential for Military Prepared- 
ness 

(a) The Secretary of the Army shall maintain a list of all pri- 
vately owned plants in the United States, and the Territories, Com- 
monwealths, and possessions, that are equipped to manufacture for 
the Army arms or ammunition, or parts thereof, and shall obtain 
complete information of the kinds of those products manufactured 
or capable of being manufactured by each of those plants, and of 
the equipment and capacity of each of those plants. 

(b) The Secretary shall maintain a list of privately owned plants 
in the United States, and the Territories, Commonwealths, and pos- 
sessions, that are capable of being readily transformed into factories 
for the manufacture of ammunition for the Army, and that have a 
capacity sufficient to warrant conversion into ammunition plants in 
time of war or when war is imminent, and shall obtain complete 
information as to the equipment of each of those plants. 

(c) The Secretary shall prepare comprehensive plans for convert- 
ing each plant listed pursuant to subsection (b) into a factory for 
the manufacture of ammunition or parts thereof. 

(d) The President may appoint a nonpartisan Board on Mobiliza- 
tion of Industries Essential for Military Preparedness, and may 
provide necessary clerical assistance to organize and coordinate oper- 
ations under this section and section 4501 of this title. (Aug. 10, 
1956, ch. 1041, 70A Stat. 252.) 



10 U.S.C. 4742. Control or transportation systems in time of war 

In time of war, the President, through the Secretary of the Army, 
may take possession and assume control of all or part of any system 
of transportation to transport troops, war material, and equipment, 

[Emphasis supplied.] 



144 



or for other purposes related to the emergency. So far as necessary, 
he may use the system to the exclusion of other traffic. (Aug. 10, 
11)56, ch. 1041, 70A Stat. 266.) 



10 TI.S.C. 4776. Emergency construction : fortifications 

If in an emergency the President considers it urgent, a temporary 
fort or fortification may be built on private land if the owner con- 
sents in writing. (Aug. 10, 1956, ch. 1041, 70A Stat. 270; Sept. 1, 
1970, Pub. L. 91-393, § 5, 84 Stat. 835.) 



10 U.S.C. 4780. Acquisition of buildings in District of Columbia 

(a) In time of war or when war is imminent, the Secretary of the 
Army may acquire by lease any building, or part of a building, in 
the District of Columbia that may be needed for military purposes. 

(b) At any time, the Secretary may, for the purposes of the 
Department of the Army, requisition the use and take possession of 
any building or space in any building, and its appurtenances, in the 
District of Columbia, other than — 

(1) a dwelling house occupied as such ; 

(2) a building occupied by any other agency of the United 
States; or 

(3) space in such a dwelling house or building. 

The Secretary shall determine, and pay out of funds appropriated 
for the payment of rent by the Department of the Army, just com- 
pensation for that use. If the amount of the compensation is not sat- 
isfactory to the person entitled to it, the Secretary shall pay 75 per- 
cent of it to that person, and the claimant is entitled to recover by 
action against the United States an additional amount that, when 
added to the amount paid by the Secretary, is determined by the 
court to be just compensation for that use. (Added Pub. L. 85-861, 
§ 1 (105) (A) , Sept. 2, 1958, 72 Stat. 1489.) 



10 U.S.C. 5081. Chief of Naval Operations: appointment; term 
of office; powers; duties 

(a) There is a Chief of Naval Operations, appointed by the Presi- 
dent, by and with the advice and consent of the Senate, to serve at 
the pleasure of the President, for a term of four years, from officers 
on the active list in the line of the Navy, eligible to command at sea 
and not below the grade of rear admiral. In time of war or national 
emergency declared by the Congress after December 31, 1968, he 
may be reappointed for a term of not more than four years. 

(b) The Chief of Naval Operations, while so serving, has the 
rank of admiral. He takes precedence above all other officers of the 

[Emphasis supplied.] 



145 



naval service, except an officer of the naval service who is serving as 
Chairman of the Joint Chiefs of Staff. 

(c) Under the direction of the Secretary of the Navy, the Chief 
of Naval Operations shall exercise supervision over such of the 
members and organizations of the Navy and the Marine Corps as 
the Secretary of the Navy determines. Such supervision shall be 
exercised in a manner consistent with the full operational command 
vested in unified or specified combatant commanders under section 
124 of this title. 

(d) The Chief of Naval Operations is the principal naval adviser 
to the President and to the Secretary of the Navy on the conduct of 
war, and the principal naval adviser and naval executive to the Sec- 
retary on the conduct of the activities of the Department of the 
Navy. (Aug. 10, 1956, ch. 1041, 70A Stat. 281 ; Aug. 6, 1958, Pub. L. 
85-599, § 4(b), 72 Stat. 516; Sept. 7, 1962, Pub. L. 87-651, title I, 
§§ 114, 120, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV, 
§ 402, 81 Stat 53.) 

[See 10 U.S.C. 3034, Note. Supra.] 



10 U.S.C. 5201. Commandant: appointment; term: emoluments 

(a) There is a Commandant of the Marine Corps, appointed by 
the President, for a term of four years, by and with the advice and 
consent of the Senate, to serve at the pleasure of the President, from 
officers on the active list of the Marine Corps, not below the rank of 
colonel. In time of war or national emergency declared by the Con- 
gress after December 31, 1968, he may be reappointed for a term of 
not more than four years. 

(b) The Commandant of the Marine Corps, while so serving, has 
the rank of general. 

(c) An officer who is retired while serving as Commandant of the 
Marine Corps, or who, after serving at least two and one-half years 
as Commandant, is retired after completion of that service while 
serving in a lower rank or grade, may, in the discretion of the Presi- 
dent, be retired with the grade of general. The retired pay of such 
an officer shall be computed at the highest rates of basic pay appli- 
cable to him while he served in that office. 

(d) Under the direction of the Secretary of the Navy, the Com- 
mandant of the Marine Corps shall exercise supervision over such of 
the members and organizations of the Marine Corps and Navy as 
the Secretary of the Navy determines. Such supervision shall be 
exercised in a manner consistent with the full operational command 
vested in unified or specified combatant commanders under section 
124 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 292; May 20, 
1958. Pub. L. 85^22, § 6(3), 72 Stat. 129; Aug. 6, 1958, Pub. L. 
85-599, § 4(c), 72 Stat. 517; Sept. 7, 1962, Pub. L. 87-651, title I, 
§ 114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV, § 404, 81 
Stat. 53.) 

[See 10 U.S.C. 3034, Note. Supra.] 

[Emphasis supplied.] 



146 



10 U.S.C. 5231. Navy positions : admirals and vice admirals 

(a) The President may designate officers on the active list of the 
Navy above the grade of captain and, in time of war or national 
emergency, above the grade of commander for — 

( 1 ) command of fleets or subdivisions of fleets ; 

(2) command of naval units afloat to perform special or un- 
usual missions; or 

(3) performance of duty of great importance and responsibil- 
ity. 

An officer so designated may be appointed by the President, by 
and with the advice and consent of the Senate, to the grade of admi- 
ral or vice admiral. Such an appointment is effective on the date the 
officer reports for the designated duty and terminates on the date he 
is detached. The Secretary of the Navy shall determine the rank of 
officers in the grade in which they are serving under this section. 

(b) The number of officers serving in the grades of admiral and 
vice admiral under subsection (a) may not, at any time, exceed 15 
percent of the number of officers prescribed for the grade of rear- 
admiral in — 

(1) section 5442 of this title, if that section is operative; or 

(2) section 5447 of this title, if section 5442 is inoperative. 

Of the number of officers that may serve in the grades of admiral 
and vice admiral, as determined under this subsection, not more than 
eight may have the grade of admiral. 

(c) Except in time of war or national emergency, the number of 
officers serving in the grades of admiral and vice admiral may not 
exceed 26. including the Chief of Naval Operations, and of the 
number so serving only the Chief of Naval Operations and three 
others may have the grade of admiral. 

(d) An officer while serving as Chairman of the Joint Chiefs of 
Staff, if serving in the grade of admiral, is in addition to the num- 
bers authorized under subsections (b) and (c) of this section. 

(e) An officer of the Navy assigned as Chief of Staff to the Presi- 
dent shall be appointed by the President, by and with the advice 
and consent of the Senate, to the grade of admiral, unless he is oth- 
erwise entitled to the same or a higher grade. Such an appointment 
is effective while the officer is so serving, and while in that grade he 
is in addition to the numbers authorized under subsections (b) and 
(c) of this section. 

(f) An appointment under this section does not create a vacancy 
m the grade held by the officer at the time he is appointed and does 
not increase the authorized strength of the Navy in officers on the 
active list. (Aug. 10, 1M56, ch. 1041, 70A Stat. 294.) 



10 U.S.C. 5232. Marine Corps positions: general and lieutenant 

GENERALS 

(a) The President may designate officers on the active list of the 
Marine Corps above the grade of colonel and, in time of war or 
national emergency, above the grade of lieutenant colonel for 



[Emphasis supplied.] 



147 



(1) appropriate higher commands; or 

(2) performance of duty of great importance and reponsibil- 

ity- 

An officer so designated may be appointed by the President, by 
and with the advice and consent of the Senate, to the grade of lieu- 
tenant general. Such an appointment is effective on the date the 
officer reports for the designated duty and terminates on the date he 
is detached. The Secretary of the Navy shall determine the rank of 
officers in the grade in which they are serving under this section. 

(b) The number of officers serving in the grade of lieutenant gen- 
eral may not exceed two except in time of war or national emer- 
gency, and may not, at any time, exceed 10 percent of the number of 
officers not restricted in the performance of duty prescribed for 
grades above colonel in — 

( 1 ) section 5443 of this title, if that section is operative ; or 

(2) section 5448 of this title, if section 5443 is inoperative. 

(c) An officer of the Marine Corps assigned as Chief of Staff to 
the President shall be appointed by the President, by and with the 
advice and consent of the Senate, to the grade of general. Such an 
appointment is effective while the officer is so serving. 

(d) An appointment under this section does not create a vacancy 
in the grade held by the officer at the time he is appointed and does 
not increase the authorized strength of the Marine Corps in officers 
on the active list. (Aug. 10, 1956, ch. 1041, 70A Stat. 295.) 



10 U.S.C. 5234. Suspension provision 

During a war or national emergency, the President may suspend 
any provision of section 5231 or 5232 of this title relating to distri- 
bution in grade. Such a suspension may not continue beyond June 30 
of the fiscal year following that in which the war or national emer- 
gency ends. (Aug. 10, 1956, ch. 1041, 70A Stat. 295.) 

— N O T E— 

Excerpt from House Reft. 542, 82d Cong., 1st Sess. (1951) 

The purpose of the proposed legislation is to make certain revi- 
sions in the provisions of the Officer Personnel Act of 1947 which 
relate to officers of Navy and Marine Corps so as to meet the re- 
quirements of the service during the period of a national emergency. 

The bill would give the President authority in time of war or 
national emergency to suspend the provisions of the Officer Per- 
sonnel Act which relate to distribution in grade, promotion by selec- 
tion, and involuntary retirement and discharge of officers, which 
would give the Navy and Marine Corps flexibility in the administra- 
tion of the act similar to that now authorized under title V for the 
the Army and Air Corps. The present provisions of the Officer 
Personnel Act require the discharge of lieutenants and lieutenants 
(junior grade) who twice fail of selection for promotion and restrict 
the employment of Reserve officers in the ranks needed because of 
grade limitations. It is essential that the President be authorized 
during a national emergency or war to suspend these and such other 
provisions of the act as the needs of the service require. 

Title III of the Officer Personnel Act authorizes the appointment 

[Emphasis supplied.] 



148 



of temporary officers and the employment of temporary and Re- 
serve officers only on a temporary basis. It now appears, however, 
that temporary and Reserve officers will be employed on active duty 
for some years to come. The bill would eliminate the terminable fea- 
tures of title III. 

Under the present provisions of title III of the Officer Personnel 
Act, the Secretary of the Navy may make computations to establish 
the allowances of officers iu the various grades but once annually. 
This restriction makes it impossible to adjust grade allowances dur- 
ing periods of immediate expansion such as resulted from the Korean 
incident. Present world conditions will undoubtedly affect the size 
of the Navy in the foreseeable future and greater flexibility is re- 
quired to handle efficiently officer programs during such periods of 
fluctuation. Authority to establish grade allowances at times when 
needed is therefore essential. 

G. L. Russell, 
Rear Admiral, United States Wavy, 
Judge Advocate General of the Wavy 

( For the Secretary of the Navy ) . 

Although the proclamation of an emergency in December 1950 now 
permits officers to be promoted under the wartime act of July 24, 1941, 
it is considered that events, similar to Korea, when an emergency is 
not immediately declared, might in the future necessitate the use of 
the temporary promotion system. 



10 U.S.C. 5402. Regular Marine Corps: total; enlisted members 

(a) Except in time of war or national emergency declared by Con- 
gress after June 28, 1952, the authorized strength of the Regular 
Marine Corps, excluding retired members, is 400,000. However, this 
strength may be temporarily exceeded at any time in a fiscal year if 
the daily average number in that year does not exceed it. 

(b) Except in time of war or national emergency declared by 
Congress after June 28, 1952, the authorized strength of the Regular 
Marine Corps in enlisted members, excluding retired enlisted mem- 
bers, is 400,000 less the actual strength of the Marine Corps in per- 
manent regular officers other than retired regular officers. However, 
this strength may be temporarily exceeded at any time in a fiscal 
year if the daily average number in that year does not exceed it. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 297.) 



10 U.S.C. 5447. Navy : line officers on the active list ; permanent 

grade 

(a) The distribution in permanent grades of officers on the active 
list, in the line of the Navy, excluding fleet admirals and officers car- 
ried as additional numbers in grade, shall be based on the following 
percentages of the number of such officers : ° 

(1) Rear admiral — 7 y 100 of 1 percent. 

(2) Captain — 6 percent. 

(3) Commander — 12 percent. 

(4) Lieutenant commander — 18 percent. 

(5) Lieutenant — 24 7 y 100 percent. 

[Emphasis supplied.] 



149 



(6) Lieutenant (junior grade) and ensign combined — 38 5 % 0 o 
percent. 

(b) The Secretary of the Navy, as of January 1 of each year, 
shall compute the number of officers authorized under subsection (a) 
for each grade above lieutenant (junior grade) and for the combined 
grades of lieutenant (junior grade) and ensign. The number so com- 
puted is the number of line officers on the active list, excluding 
officers carried as additional numbers in grade, prescribed for the 
grade or grades concerned. However, if the number of officers pre- 
scribed for the grade of captain as computed cannot be attained 
because of the minimum total commissioned service required for pro- 
motion to that grade by section 5780 of this title, the Secretary shall 
determine an appropriate lesser number. The lesser number then 
becomes the prescribed number for the grade of captain and the Sec- 
retary shall make a corresponding increase in the prescribed number 
for one or more of the lower grades. 

(c) Notwithstanding the provisions of subsection (a), the number 
of officers not restricted in the performance of duty who may hold 
permanent appointments on the active list in the line of the Navy in 
the grade of rear admiral may not exceed 150, except in time of war 
or national emergency. 

(d) Of the numbers of officers prescribed for grades below cap- 
tain, as computed or determined under subsection (b), not more than 
the following percentages may be officers designated for limited 
duty: 

(1) Commander — 3 6 y 100 percent. 

(2) Lieutenant commander — 8 6 % 00 percent. 

(3) Lieutenant — 7 7 % 0 o percent. 

(4) Lieutenant (junior grade) and ensign combined — 6% 0 o 
percent. 

(e) The Secretary, as of January 1 of each year, shall compute 
the number of officers designated for limited duty authorized under 
subsection (d) for each grade above lieutenant (junior grade) and 
for the combined grades of lieutenant (junior grade) and ensign. 
The Secretary shall also determine the number of such officers, not 
to exceed the computed number, that will be required to meet the 
needs of the service during the ensuing year in each grade above 
lieutenant (junior grade) and in the combined grades of lieutenant 
(junior grade) and ensign. The number so determined is the pre- 
scribed number for the grade or grades concerned. 

(f) The number of officers on the active list designated for engi- 
neering duty, aeronautical engineering duty, and special duty hold- 
ing permanent appointments in the grade of rear admiral may not 
exceed 13 percent of the number of officers prescribed for the grade 
of rear admiral as computed under subsection (b). The Secretary, as 
of January 1 of each year, shall compute the number of officers 
authorized by this subsection to hold permanent appointments in the 
grade of rear admiral. The number so computed is the number of 
officers on the active list, restricted in the performance of duty, pre- 
scribed for the permanent grade of rear admiral. However, except in 
time of war or national emergency, the total number of officers on 

[Emphasis supplied.] 



150 



the active list, restricted in the performance of duty, holding perma- 
nent appointments in the grade of rear admiral may not exceed 19. 

(g) The numbers of officers on the active list designated for engi- 
neering duty, aeronautical engineering duty, and special duty, 
respectively, holding permanent appointments in the combined 
grades of captain, commander, and lieutenant commander may not 
exceed the following percentages of the sum of the numbers of 
officers prescribed for those grades as computed or determined under 
subsection (b) : 

(1) Engineering duty — 11 percent. 

(2) Aeronautical engineering duty — 7 percent. 

(3) Special duty — 12 percent. 

The Secretary, as of January 1 of each year, shall compute the 
number of officers designated for engineering duty, aeronautical 
engineering duty, and special duty, respectively, authorized under 
this section to hold permanent appointments in these combined 
grades. The number so computed for each designation is the number 
of officers of that designation on the active list prescribed for these 
combined permanent grades. 

(h) The prescribed numbers of officers computed or determined 
under this section may not be varied between computations. How- 
ever, the prescribed number for a grade is temporarily increased 
during the period between one annual computation and the next suc- 
ceeding computation by — 

(1) the number of officers originally appointed in that grade 
during that period; and 

(2) the number of officers of that grade for whom vacancies 
exist in the next higher grade but whose promotion has been 
delayed for any reason. 

(i) For the purpose of this section — 

( 1 ) each officer is counted in his permanent grade ; and 

(2) women officers are not counted. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 307; Pub. L. 90-386, § 1(4), 
July 5, 1968, 82 Stat. 293.) 



10 TJ.S.C. 5448. Marine Corps: officers on the active list: 

PERMANENT GRADE 

(a) The distribution in permanent grades of officers on the active 
list of the Marine Corps shall be based on the following percentages 
of the number of such officers : 

(1) Major general and brigadier general combined— 75/... 0 f 1 
percent. 

(2) Colonel — 6 percent. 

(3) Lieutenant colonel — 12 percent. 

(4) Major— 18 percent. 

(5) Captain— 24?% 00 -percent. 

(6) First lieutenant and second lieutenant combined— 3850/. .„ 
percent. /10 ° 

However, the number of officers who may have permanent 
appointments on the active list of the Marine Corps in the grades of 



151 



major general and brigadier general may not exceed 36, except in 
time of war or national emergency. 

(b) The Secretary of the Navy, as of January 1 of each year, 
shall compute the number of officers authorized under subsection (a) 
for the grades of major general and brigadier general. At the time 
of making this computation, the Secretary shall also determine the 
number of officers required to meet the needs of the service in each 
of those grades. The number so determined for each grade is the 
number of officers on the active list prescribed for that grade. How- 
ever, the prescribed number for the grade of major general may not 
exceed 50 percent of the sum of the prescribed numbers for that 
grade and the grade of brigadier genera], and the sum of the pre- 
scribed numbers must equal the number authorized for general 
officer grades under subsection (a). 

(c) The Secretary, as of January 1 of each year, shall compute 
the number of officers authorized under subsection (a) for each of 
the grades of colonel, lieutenant colonel, major, and captain and for 
the combined grades of first lieutenant and second lieutenant. The 
number so computed is the number of officers on the active list pre- 
scribed for the grade or grades concerned. However, if the number 
of officers prescribed for the grade of colonel as computed cannot be 
attained because of the minimum total commissioned service 
required for promotion to that grade by section 5780 of this title, 
the Secretary shall determine an appropriate lesser number. The 
lesser number then becomes the prescribed number for the grade of 
colonel and the Secretary shall make a corresponding increase in the 
prescribed number for one or more of the lower grades. 

(d) Of the numbers of officers prescribed for grades below colo- 
nel, as computed or determined under subsection (c), not more than 
the following percentages may be officers designated for limited 
duty : 

(1) Lieutenant colonel — 36y l00 percent. 

(2) Major— 8«% 00 percent. 

(3) Captain — 7 7 %oo percent. 

(4) First lieutenant and seoond lieutenant combined — 6% 00 
percent. 

(e) The Secretary, as of January 1 of each year, shall compute 
the number of officers designated for limited duty authorized under 
subsection (d) for each grade above first lieutenant and for the com- 
bined grades of first lieutenant and second lieutenant. The Secretary 
shall also determine the number of such officers, not to exceed the 
computed number, that will be required to meet the needs of the 
service during the ensuing year in each grade above first lieutenant 
and in the combined grades of first lieutenant and second lieutenant. 
The number so determined is the prescribed number for the grade or 
grades concerned. 

(f) The prescribed numbers of officers computed or determined 
under this section may not be varied between computations. How- 
ever, the prescribed number for a grade is temporarily increased 
during the period between one annual computation and the next suc- 
ceeding computation by — 

[Emphasis supplied.] 



152 



(1) the number of officers originally appointed in that grade 
during that period; and 

(2) the number of officers of that grade for whom vacancies 
exist in the next higher grade but whose promotion has been 
delayed for any reason. 

(g)' For the purpose of this section — 

( 1 ) each officer is counted in his permanent grade ; and 

(2) women officers are not counted 

(Aug. 10, 1956, ch. 1041, 70A Stat. 309; Aug. 3, 1961, Pub. L. 
87-123, § 5(7), 75 Stat. 2.65.) 



10 TJ.S.C. 5449. Navy : staff corps officers on the active list ; 

PERMANENT GRADE 

(a) The number of officers on the active list of the Navy holding 
permanent appointments in the grade of rear admiral in the Medical 
Corps, the Supply Corps, the Chaplain Corps, the Civil Engineer 
Corps, and the Dental Corps, respectively, excluding any rear admi- 
ral serving as a chief of bureau, may not exceed, in any of those 
corps, s /io of 1 percent of the number of officers on the active list of 
the Navy in the corps concerned. The Secretary of the Navy, as of 
January 1 of each year, shall compute the number of officers author- 
ized under this section to hold permanent appointments in the grade 
of rear admiral in each corps. The number so computed for each 
corps is the number of officers on the active list in that corps pre- 
scribed for the permanent grade of rear admiral. However, except in 
time of war or national emergency, the numbers of officers who may 
hold permanent appointments on the active list of the Navy in the 
grade of rear admiral in these corps may not exceed — 

(1) 15 in the Medical Corps; 

(2) 13 in the Supply Corps; 

(3) 2 in the Chaplain Corps; 

(4) 4 in the Civil Engineer Corps ; and 

(5) 4 in the Dental Corps. 

(b) Each officer who holds a permanent appointment on the active 
list of the Navy in the grade of rear admiral in a staff corps, and 
who serves as a chief of bureau, shall, upon the termination of his 
appointment as chief of bureau, be carried in excess of the pre- 
scribed number until the next vacancy occurs in the permanent 
grade of rear admiral in his corps. 

(c) Repealed. Pub. I* 90-130, § 1(17) (C), Nov. 8, 1967, 81 Stat. 
376. 

(d) The prescribed numbers of officers computed under this sec- 
tion may not be varied between computations. 

(e) For the purpose of this section — 

(1) each officer is counted in his permanent grade; and 

(2) women officers appointed under section 5590 of this title 
are not counted. 

fEmphasis supplied.] 



153 



(Aug. 10, 1956, ch. 1041, 70A Stat. 311; Aug. 21, 1957, Pub. L. 
85-155, title II, § 201 (4), 71 Stat. 381; Nov. 8, 1967, Pub. L. 
90-130, § 1(17) (C), (D),81 Stat. 376.) 



10 U.S.C. 5450. Regular Navy : retired flag officers on active duty 

(a) Except in time of war or national emergency, not more than 
ten retired officers of the Regular Navy in the grade of rear admiral 
and above may be on active duty. 

(b) This section does not apply to fleet admirals or to retired 
officers ordered to temporary active duty to serve on boards con- 
vened under chapter 543 of this title. (Aug. 10, 1956, ch. 1041, 70A 
Stat. 312.) 



10 U.S.C. 5451. Suspension: preceding: sections 

(a) Except as provided in subsection (b), the President, during a 
war or national emergency, may suspend any provision of the pre- 
ceding sections of this chapter. Such a suspension may not continue 
beyond June 30 of the fiscal year following that in which the war or 
national emergency ends. 

(b) The President may suspend provisions of sections 5442, 5443, 
and 5444 of this title relating to officers serving in grades above lieu- 
tenant in the Navy or captain in the Marine Corps only during a 
war or national emergency declared by Congress or the President 
after May 5, 195i. (Aug. 10, 1956, ch. 1041, 70A Stat. 312.) 



10 U.S.C. 5597. Navt and Marine Corps : temporary appointments 

IN TIME OF WAR OR NATIONAL EMERGENCY 

(a) Temporary appointments may be made under this section 
only in time of war or during a national emergency declared by the 
President. 

(b) Temporary appointments in the Regular Navy in grades not 
above lieutenant and in the Regular Marine Corps in grades not 
above captain may be made from— 

(1) warrant officers of the Regular Navy and the Regular 
Marine Corps, respectively, including retired members on active 
duty; 

(2) chief and first-class petty officers of the Regular Navy 
and master, technical, and staff sergeants of the Regular Marine 
Corps, respectively, including retired members on active duty; 
and 

(3) chief and first-class petty officers of the Fleet Reserve and 
master, technical, and staff sergeants of the Fleet Marine Corps 
Reserve, respectively, on active duty. 



[Emphasis supplied.] 



154 



(c) Temporary appointments in the Naval Reserve in grades not 
above lieutenant and in the Marine Corps Reserve in grades not 
above captain may be made from — 

(1) warrant officers of the Naval Reserve and the Marine 
\ Corps Reserve, respectively, on active duty ; and 
j ■ (2) chief and first-class petty officers of the Naval Reserve 

and master, technical, and staff sergeants of the Marine Corps 

Reserve, respectively, on active duty. 

(d) Temporary appointments in warrant officer grades under this 
section shall be made by the Secretary of the Navy under such regu- 
lations as he prescribes. Such appointments shall be made by war- 
rant if in the grade of warrant officer, W-l, or by commission if in 
a higher warrant officer grade. 

(e) Temporary appointments under this section in grades above 
chief warrant officer, W-4, shall be made under regulations pre- 
scribed by the President and in such numbers as he determines the 
needs of the service require. Such appointments shall be made by the 
President alone, except that appointments under subsections (f) and 
(g) in grades above lieutenant commander in the Navy shall be 
made by the President, by and with the advice and consent of the 
Senate. The grade of commodore is established for the purposes of 
subsections (f) and (g). 

******* 



10 U.S.C. 5598. Naval Reserve and Marine Corps Reserve : 

TEMPORARY APPOINTMENTS IN TIME OF WAR OR NATIONAL EMERGENCY 

(a) In time of ■national emergency declared by the President or 
by Congress, and in time of war, temporary appointments may be 
made in any commissioned grade in the Naval Reserve or the 
Marine Corps Reserve from qualified persons. 

(b) Appointments under this section in the grades of chief war- 
rant officer, W-2, chief warrant officer, W-3, and chief warrant 
officer, W-4:, shall be made by the Secretary of the Navy, by com- 
mission, under such regulations as he prescribes. 

(c) An officer appointed under this section may be ordered to 
active duty for such period as the President prescribes. 

(d) An appointment under this section may be vacated by the 
President at any time. Unless sooner vacated, the appointment is 
effective during the war or emergency in which it is made and for 
six months thereafter. 

(e) The appointment of a permanent warrant officer to a higher 
grade under this section does not vacate his permanent grade or 
prejudice any right, privilege, benefit, or promotion status to which 
he was entitled because of his permanent grade. (Aug. 10, 1956 ch. 
1041, 70.A. St fit. 331.) ' 

(f ) Temporary appointments in a staff corps and in the line or in 
a different staff corps of the Regular Navy may be made from 
retired officers of the Regular Navy in the line and staff corps 
respectively, who are on active duty. Each officer appointed under 

[Emphasis supplied.] 



155 



this subsection shall be appointed in the grade in which he was serv- 
ing at the time of appointment. 

(g) Temporary appointments in a staff corps and in the line or in 
a different staff corps of the Naval Reserve may be made from 
retired officers of the Naval Reserve in the line and staff corps, 
respectively, who are on active duty. Each officer appointed under 
this subsection shall be appointed in the grade in which he was serv- 
ing at the time of appointment. 

(h) Temporary appointments under this section do not change the 
permanent, probationary, or acting status of members so appointed, 
prejudice them in regard to promotion or appointment, or abridge 
their rights or benefits. 

(i) Each temporary appointment vinder this section, unless 
expressly declined, is, without formal acceptance or oath of office, 
regarded as accepted on the date made. 

(j) Temporary appointments under this section are effective for 
such periods as the President determines. However, no such appoint- 
ment may be effective later than — 

(1) six months after the end of the war or national emer- 
gency; or 

(2) the date the appointee is released from active duty ; 
whichever is earlier. 

(k) When his temporary appointment under this section is termi- 
nated, each member of the naval service on active duty shall have 
the grade he would hold if he had not received any such appoint- 
ment. (Aug. 10, 1956, ch. 1041, 70A Stat. 330; Sept. 7, 1962, Pub. L. 
87-649, &§ 5(a), 14c(28), 76 Stat. 493, 501.) (As amended Sept. 28, 
1971, Pub. L. 92-129, title VI, § 603(a), 85 Stat. 362.) 

[See 10 U.S.C. 5787 (S. Rept. 483). Infra.'\ 



10 U.S.C. 5599. Medical Corps: acting appointments for 

TEMPORARY SERVICE 

(a) Appointments for temporary service in the Medical Corps in 
the grade of lieutenant (junior grade) may be made by the Presi- 
dent alone. 

(b) Appointees under this section may not be placed on the lineal 
list, may not be assigned running mates, and are ineligible for pro- 
motion. The number of such appointees may not be more than 250 at 
any time, except that in time of war or declared national 'emergency 
the number may be increased by the President as he considers neces- 
sary to meet the needs of the naval service. (Aug. 10, 1956, ch. 1041, 
70A Stat. 331). _ 



10 U.S.C. 5662. Suspension: preceding sections 

(a) The President may suspend any provision of the preceding 
sections of this chapter relating to officers serving in the grades of 
lieutenant and lieutenant (junior grade) during any period when— 

[Emphasis supplied.] 



156 



(1) the number of officers serving on active duty in the grade 
of ensign and above in the line of the Navy exceeds the number 
of officers on the active list in the line of the Navy ; and 

(2) he determines that the needs of the service so require, 
(b) During a war or national emergency, the President may sus- 
pend any provision of the preceding sections of this chapter. Such a 
suspension may not continue beyond June 30 of the fiscal year fol- 
lowing that in which the war or national emergency ends. (Aug. 10, 
1956, ch. 1041, 70A Stat. 335.) 

[See 10 U.S.C. 5234 (H. Eept. 542) . Supra.] 



10 U.S.C. 5711. Suspension and exceptions : preceding sections 

(a) The President may suspend any provision of the preceding 
sections of this chapter relating to officers serving in the grades of 
lieutenant and lieutenant (junior grade) in the Navy, other than 
women officers appointed under section 5590 of this title, or relating 
to male officers serving in the grades of captain and first lieutenant 
in the Marine Corps during any period when — 

(1) the number of male officers serving on active duty in the 
grade of ensign and above in the line of the Navy exceeds the 
number of male officers on the active list in the line of the 
Navy ; and 

(2) he determines that the needs of the service so require. 

(b) During a war or national emergency, the President may xus- 
pend any provision of the preceding sections of this chapter. Such a 
suspension may not continue beyond June 30 of the fiscal year fol- 
lowing that in which the war or national emergency ends. 

(c) Officers in the following categories are ineligible for consider- 
ation by a selection board under this chapter and are not counted as 
officers serving on active duty for the purpose of susbsection (a) : 

(1) Repealed. Pub. L. 90-130, § 1(18) (M), Nov. 8, 1967, 81 
Stat. 377. 

(2} Retired officers. 

(3) Officers of the Naval Reserve and the Marine Corps 
Reserve assigned to active duty for training. 

(4) Officers of the Naval Reserve and the Marine Corps 
Reserve ordered to active duty in connection with organizing, 
administering, recruiting, instructing, training, or drilling the 
Naval Reserve or the Marine Corps Reserve. 

(5) Officers of the Naval Reserve and the Marine Corps 
Reserve ordered to temporary active duty to prosecute special 

90i5f§lV) 9 (S), Ch 8is^:3^ ^ 3455 N ° V - 8 ' 1967 ' Pub - 
[See 10 U.S.C. 5234 (H. Rept. 542). Supra.] 
[Emphasis supplied.] 



157 



10 U.S.C. 5785. Suspension: preceding sections 

(a) The President may suspend any provision of the preceding 
sections of this chapter relating to officers serving in the grades of 
lieutenant and lieutenant (junior grade) in the Navy, other than 
women officers appointed under section 5590 of this title, or relating 
to male officers serving in the grades of captain and first lieutenant 
in the Marine Corps during any period when — 

(1) the number of male officers serving on active duty in the 
grade of ensign and above in the line of the Navy exceeds the 
number of male officers on the active list in the line of the 
Navy; and 

(2) he determines that the needs of the service so require. 

(b) During a war or national emergency, the President may sus- 
pend any provision of the preceding sections of this chapter relating 
to officers of the Navy and the Marine Corps, other than women 
officers appointed under section 5590 of this title. Such a suspension 
may not continue beyond June 30 of the fiscal year following that in 
which the war or national emergency ends. (Aug. 10, 1956, ch. 1041, 
70A Stat. 365; Sept. 2, 1958, Pub. L. 85-861, § 33 (a) (29), 72 Stat. 
1566.) 

[See 10 TJ.S.C. 5234 (H. Eept. 542) . Supra.] 



10 U.S.C. 5787. Temporary promotions in time of war or national 

EMERGENCY 

(a) Promotions may be made under this section only in time of 
war or during a national emergency declared by the President. 

(b) The President may promote to a higher grade any member of 
the naval service serving on active duty in the Navy in the grade of 
ensign or above or serving on active duty in the Marine Corps in the 
grade of second lieutenant or above. Such promotions shall be made 
under such regulations as the President prescribes and in such num- 
bers as he determines the needs of the service require. 

(c) The Secretary of the Navy, under such regulations as he pre- 
scribes, may promote to the next higher warrant officer grade any 
member of the naval service serving on active duty in a warrant 
officer grade below chief warrant officer, ~W-i. 

(d) The grade of commodore in the Navy is established for the 
purposes of this section. 

(e) Promotions under this section shall be made by temporary 
appointments. Each, such appointment to a grade above lieutenant 
commander in the Navy or to a grade above major in the Marine 
Corps shall be made by the President, by and with the advice and 
consent of the Senate. Each such appointment to a warrant officer 
grade shall be made by the Secretary, by commission. All other tem- 
porary appointments under this section shall be made by the Presi- 
dent alone. 

[Emphasis supplied.] 



24-509 O - 73 - 12 



158 



(f ) Temporary promotions under this section to the grade of lieu- 
tenant or above in the Navy or to the grade of captain or above in 
the Marine Corps may be made only upon the recommendation of a 
board of officers convened for that purpose. In addition to recom- 
mending officers for promotion, a board so convened shall make the 
report required by section 6305 of this title. 

(g) Each temporary appointment under this section, unless 
expressly declined, is without formal acceptance, regarded as 
accepted on the date made. 

(h) Temporary appointments under this section do not change the 
permanent, probationary, or acting status of members so appointed, 
prejudice them in regard to other promotion or appointment, or 
abridge their rights or benefits. 

(i) Temporary appointments under this section are effective for 
such periods as the President determines. However, no such appoint- 
ment may be effective later than — 

(1) six months after the end of the war or national emer- 
gency; or 

(2) the date the appointee is released from active duty; 
whichever is earlier. 

(j) When his temporary appointment under this section is termi- 
nated or expires, each member of the naval service on active duty 
shall have the grade he would hold if he had not received any such 
appointment. (Aug. 10, 1956, ch. 1041, 70A Stat. 366; Sept. 7", 1962, 
Pub. L. 87-649, §§ 5(b), 14c(30), 76 Stat. 493, 501.) 

******* 
(As amended Sept. 28, 1971, Pub. L. 92-129, title VI, S 630(b), 85 
Stat. 362.) 

— N O T E — 

Excerpt From Senate Reft. 483, 77th Cong., 1st Sess. (1941) 

The purpose of this bill is to provide for the temporary 
appointment or advancement of certain personnel of the 
Navy, Marine Corps, and Coast Guard as commissioned or 
warrant officers, and thus meet the officer requirements inci- 
dent to the great expansion of the Naval Establishment 
upon which we are now entering, and of which aviation is 
an important part. 

Many warrant officers and enlisted men would be of 
greater value to the service as commissioned officers in time 
of war or national emergency. By temporarily promoting 
warrant officers and petty officers who are qualified for com- 
mission, by which is meant that they possess qualifications 
which fit them for posts of greater authority and responsi- 
bility in their specialities, and for duties of wider scope 
than those normally assigned them in their present posi- 
tions, maximum use will be made of the abilities of individ- 
uals who are already in service. 

******* 



[Emphasis supplied.] 



159 



During a period of expansion, such as that upon which 
the Naval Establishment is now entering, it will be imprac- 
ticable for an officer to complete the present legal period of 
service in grade before he must be given greater responsibil- 
ities, thus requiring that he fill a billet normally filled by 
an officer of higher rank. This bill therefore provides for 
temporary advancements or promotions, which like the tem- 
porary appointments, will be for the duration of the na- 
tional emergency, and be subject to similar conditions upon 
• the termination of active duty thereunder. 

Representatives of the Navy Department have stated that 
there is no immediate necessity for temporary promotions 
in the so-called command grades, namely, commander, cap- 
tain, and rear admiral pending the report of the next regu- 
larly constituted selection boards for permanent promotions. 
It is the intention to fill any shortage therein which might 
exist following such report by temporary promotions. 

There have been a number of factors which tended to 
build up an excess in the higher grades. One of these was 
the Personnel Act of 1938, which provided for promotions 
to all grades except lieutenant and rear admiral on a fitted, 
as well as a best-fitted, basis. Individuals so promoted and 
retained on the active list are carried in excess in the var- 
ious grades. For a short period after that law went into 
effect only so many of these so-called fitted officers as were 
needed to meet the immediate needs of the service were 
retained on the active list. During the past year, however, 
all such officers have been retained on the active list, and it 
is expected that the practice will be continued as long as the 
emergency lasts, especially as the Congress has provided 
that no officer who has been adjudged fitted for promotion 
shall be involuntarily retired during the emergency. 

* * * * * * * 

Very briefly the bill — 

(1) Authorizes the temporary advancement of officers in 
the Navy, the Marine Corps, and the Coast Guard to higher 
ranks including retired officers recalled to active duty. 

(2) Authorizes the temporary appointment of enlisted 
men to warrant and commissioned ranks; including retired 
and Reserve men assigned to active duty. 

(3) Provides that temporary appointments and advance- 
ments shall be in such numbers as the President may deem 
necessary and be made in such manner and under such reg- 
ulations as he may prescribe. 

(4) Provides that temporary appointments and advance- 
ments may be made by the President alone, except that pro- 
motions to the grade of rear admiral in the Navy and 
general officers in the Marine Corps shall be made by and 
with the advice and consent of the Senate. 

(5) Grants enlisted men initally appointed as officers the 
sum of $250 as a uniform gratuity. 

[Emphasis supplied.] 



160 



(6) Provides that personnel temporarily promoted shall 
receive the pay of the rank to which promoted. 

(7) Authorizes percentage pay increases for officers who 
perform active duty while on the retired list. 

(8) Makes provision for retirement benefits for certain 
classes of individuals who, while on active duty, incur phys- 
ical disability in the line of duty in time of war or national 
emergency. 

(9) Provides that the permanent status on the active or 
retired list of personnel temporarily appointed or promoted 
will not be vacated while such personnel are holding such 
appointments or higher ranks or grades. 

(10) Provides that temporary appointments and promo- 
tions to the different grades may be made over and above 
the number now authorized by law for each grade in the 
permanent naval establishment. 

(11) Provides that the temporary appointment or 
advancement of personnel may be revoked at any time and 
that upon termination of their temporary status they revert 
to their permanent status. 

(12) Limits to not more than 6 montlia after the termina- 
tion of war or national emergency the period of time 
during which the temporary appointments and promotions 
made under the authority of the bill may continue to be in 
force. 

******* 

Section 9 of the bill provides that any temporary 
appointment made pursuant to the authority contained in 
section 2 shall not be counted in any computation to deter- 
mine the authorized number of officers in any grade. This 
means that percentage distributions in grades will not 
apply insofar as temporary appointments and promotions 
are concerned. Temporary appointments and promotions to 
the different grades may be made over and above the num- 
bers now authorized by law for each grade in the permanent 
Naval Establishment to meet the needs of the service as 
they arise. 



10 U.S.C. 5982. Ships and squadrons: detail of retired officers 
to command 

(a) In time of war, the President, by and with the advice and 
consent of the Senate, may detail retired officers of the Navy on 
active duty to the command of squadrons and single ships, if he 
believes that the good of the service requires that they be so detailed. 

(b) In making details under subsection (a), the President may 
select any retired officer not below the grade of commander and 
assign him to the command of a squadron, with the rank and title of 
a flag officer. 

[Empbasis supplied.] 



161 



(c) If a retired officer detailed under subsection (a) receives, on 
the recommendation of the President, a vote of thanks of Congress 
for his services and gallantry in action against the enemy, the Presi- 
dent, by and with the advice and consent of the Senate, may appoint 
him to the active list of the Navy. (Aug. 10, 1956, ch. 1041, 70A 
Stat. 373.) 



10 U.S.C. 6241. Medal of honor 

The President may award, and present in the name of Congress, a 
medal of honor of appropriate design, with ribbons and appurte- 
nances, to a person who, while a member of the naval service, distin- 
guishes himself conspicuously by gallantry and intrepidity at the 
risk of his life above and beyond the call of duty — 

(1) while engaged in an action against an enemy of the 
United States; 

(2) while engaged in military operations involving conflict 
with an oppositing foreign force; 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a helligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L. 
88-77, § 2(1), 77 Stat. 93.) 

[See 14 U.S.C. 491, Note. Infra.} 



10 TJ.S.C. 6242. Navy cross 

The President may award a Navy cross of appropriate design, 
with ribbons and appurtenances, to a person who, while serving in 
any capacity with the Navy or Marine Corps, distinguishes himself 
by extraordinary heroism not justifying the award of a medal of 
honor — 

(1) while engaged in an action against an enemy of the 
United States ; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force ; or 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L. 
88-77, § 2(2), 77 Stat. 94.) 

[See 14 U.S.C. 491, Note. Infra.] 



10 U.S.C. 6244. Silver star medal 

The President may award a silver star medal of appropriate 
design, with ribbons and appurtenances, to a person who, while 

[Emphasis supplied.] 



162 



serving in any capacity with the Navy or Marine Corps, is cited for 
gallantry in action that does not warrant a medal of honor or Navy 
cross — . . , 

(1) while engaged in an action against an enemy or tnc 
United States; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force ; or 

(3) while serving with friendly foreign forces engaged i/i an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 389; July 25, 1963, Pub. L. 
S8-77, § 2(3), 77 Stat. 94.) 

[See 14 U.S.C. 491, Note. Infra.] 



10 U.S.C. 6246. Navy and Marine Corps Medal 

The President may award a medal called the "Navy and Marine 
Corps Medal" of appropriate design with accompanying ribbon, 
together with a rosette or other device to be worn in place thereof — 

(1) to any person who, while serving in any capacity with 
the Navy or the Marine Corps, distinguishes himself by heroism 
not involving actual conflict with an enemy; or 

(2) to any person to whom the Secretary of the Navy, before 
August 7, 1942, awarded a letter of commendation for heroism, 
and who applies for that medal, regardless of the date of the 
act of heroism. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 390.) 
[See 14 U.S.C. 491, Note. Infra.] 



10 U.S.C. 6386. Suspension: preceding sections 

(a) The President may suspend any provision of the preceding 
sections of this chapter relating to officers serving in the grade? of 
lieutenant and lieutenant (junior grade) in the Navy, other than 
women officers appointed under section 5590 of this title, or relating 
to male officei'S serving in the grades of captain and first lieutenant 
in the Marine Corps during any period when — 

(1) the number of male officers serving on active duty in the 
grade of ensign and above in the line of the Navy exceeds the 
number of male officers on the active list in the line of the 
Navy; and 

(2) he determines that the needs of the service so require. 

(b) Officers in the following categories are not counted as officers 
serving on active duty for the purpose of clause (1) of subsection 
(a) : 

(1) Retired officers. 

(2) Officers of the Naval Reserve assigned to active duty for 
training. 

[Emphasis supplied.] 



163 



(3) Officers of the Naval Reserve ordered to active duty in 
connection with organizing, administering, recruiting, instruct- 
ing, training, or drilling the Naval Reserve. 

(4) Officers of the Naval Reserve ordered to temporary active 
duty to prosecute special work. 

(c) During a war or national emergency, the President may sus- 
pend any provision of the preceding sections of this chapter. Such a 
suspension may not continue byond June 30 of the fiscal year follow- 
ing that in which the war or national emergency ends. (Aug. 10, 
1956, ch. 1041, 70A Stat. 408.) 

[See 10 U.S.C. 5234 (H. Rept. 542). Supra.'] 



10 U.S.C. 6408. Navy and Marine Corps ; warrant officers, W-l : 

LIMITATION ON DISMISSAL 

(a) No officer who holds the grade of warrant officer, W-l, may 
be dismissed from the Navy or the Marine Corps except in tim.e of 
war, by order of the President. 

(b) The President may drop from the rolls of the Navy or the 
Marine Corps any officer who holds the grade of warrant officer, 
W-l, who — 

(1) has been absent without authority for at least three 
months; or 

(2) is sentenced to confinement in a Federal or State peniten- 
tiary or correctional institution after having been found guilty 
of an offense by a court other than a court-martial or other mil- 
itary court, and whose sentence has become final. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 416.) 



10 U.S.C. 6481. Retired officers of the Regular Navy and Regular 
Marine Corps : authority to recall 

In time of war or national emergency declared by the President, 
the Secretary of the Navy may order any retired officer of the Regu- 
lar Navy or the Regular Marine Corps to active duty at sea or on 
shore. At any other time the Secretary may order such a retired 
officer to active dutv at sea or on shore only with his consent. (Aug. 
10, 1956, ch. 1041, 70A Stat. 416.) 



10 U.S.C. 6482. Retired enlisted members of the Regular Navy 
and Regular Marine Corps : authority to recall 

In time of war or national emergency the Secretary of the Nary 
may order to active duty any retired enlisted member of the Regular 
Navy or the Regular Marine Corps. (Aug. 10, 1956, ch. 1041, 70A 
Stat. 417.) 



[Emphasis supplied.] 



164 



10 U.S.C. 6485. Members or the Fleet Reserve and Fleet Marine 
Corps Reserve : authority to recall 

(a) A member of the Fleet Reserve or the Fleet Marine Corps 
Reserve may be ordered by competent authority to active duty with- 
out his consent — 

(1) in time of war or national emergency declared by Con- 
gress, for the duration of the war or national emergency and 
for six months thereafter ; 

(2) in time of national emergency declared by the President; 

or 

(3) when otherwise authorized by law. 

(b) In time of peace any member of the Fleet Reserve or the 
Fleet Marine Corps Reserve may be required to perform not more 
than two months' active dutv for training in each four-year period 
and shall be physically examined at least once during each four-year 
period. If any member fails to report for the physical examination, 
the Secretary may order any pav due that member forfeited. (Aug. 
10, 1956, ch.'l041, 70A Stat."417.) 



10 U.S.C. 6486. Members of the Fleet Reserve and Fleet Marine 
Corps Reserve : release from active dutt 

r (a) Except as provided in subsection (b), the Secretary of the 
Xavy may, at any time, release any member of the Fleet Reserve or 
the Fleet Marine Corps Reserve from active duty. 

(b) In time of war or national emergency declared by Congress or 
b>/ the President after January 1, 1953, a member of the Fleet 
Reserve or the Fleet Marine Corps Reserve, without his consent, 
may be released from active duty other than from active duty for 
training only if — 

(1) a board of officers convened at his request by an authority 
designated by the Secretary recommends the release and the rec- 
ommendation is approved ; 

(2) the member does not request that a board be convened; or 

(3) his release is otherwise authorized by law. 

This subsection does not apply during a period of demobilization 
or reduction m strength of the Navy or the Marine Corps. (Aug. 10, 
1056, ch. 1041, 70A Stat. 417.) 



10 U.S.C. 6487. Retired rear admirals: retired pat after two 

TEARS OF ACTIVE DUTT 

Each officer holding a permanent appointment in the grade of 
roar admiral on the retired list who is entitled to the pay of the 
lower half of that grade, and who, in time of war or national emer- 
gency, serves satisfactorily on active dutv for two years in that 
grade or in a higher grade, is thereafter entitled, when on inactive 

[Emphasis supplied.] 



165 



duty, to retired pay equal to 75 percent of the basic pay of a rear 
admiral in the upper half of that grade. (Aug. 10, 1956, ch. 1041. 
70A Stat. 418.) 



10 U.S.C. 6911. Aviation cadets: grade; procurement; transfer 

(a) The grade of aviation cadet is a special enlisted grade in the 
naval service. Under such regulations as the Secretary of the Navy 
prescribes, male citizens in civil life may be enlisted as, and male 
enlisted members of the naval service with their consent may be des- 
ignated as, aviation cadets. 

(b) Except in time of war or emergency declared by Congress, 20 
percent of the avaiation cadets procured in each fiscal year shall be 
procurred from qualified enlisted members of the Regular Navy and 
the Regular Marine Corps. 

(c) No person may be enlisted or designated as an aviation cadet 
unless — 

(1) he agrees in writing that, upon his successful completion 
of the course of training as an avaiation cadet, he will accept a 
commission as an ensign in the Naval Reserve or a second lieu- 
tenant in the Marine Corps Reserve, and will serve on active 
duty as such for at least three years, unless sooner released ; and 

(2) if under 21 years of age, he has the consent of his parent 
or guardian to his agreement. 

(d) Under such regulations as the Secretary prescribes, an avia- 
tion cadet may be transferred to another enlisted grade or rating in 
the naval service, released from active duty, or discharged. (Aug. 10. 
1956, ch. 1041, 70A Stat. 426; July 31, 1958, Pub. L. 85-578, 72 
Stat. 456.) 



10 U.S.C. 7224. Transportation on naval, vessels during wartime 

In time of war or during a national emergency declared by the 
President, such persons as the Secretary of the Navy authorizes by 
regulation may be transported and subsisted on naval vessels at 
Government expense. (Aug. 10, 1956, ch. 1041, 70A Stat. 447.) 



10 U.S.C. 7722. Stat of suit 

(a) Whenever in time of war the Secretary of the Navy certifies 
to a court, or to a judge of a court, in which a suit described in sec- 
tion 7721 of this title is pending, that the prosecution of the suit 
would tend to endanger the security of naval operations in the war, 
or would tend to interfere with those operations, all further proceed- 
ings in the suit shall be stayed. 

(b) A stay under this section,' does, ijot suspend the issue of process 
to take or preserve evidence td .be used in the trial or prevent the 
completion of action under similar, process issued before the stay. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 484.) ; 

[Emphasis supplied.] 



166 



10 U.S.C. 7724. Stat of proceedings for taking evidence before 

SUIT IS FILED 

(a) If in time of war, with respect to any claim against the 
United States on which a suit described in section 7721 of this title 
would lie, the Secretary of the Navy certifies to the court, or to a 
judge of the court, in which proceedings are pending for — 

( 1 ) the granting of a dedimus potestatem to take depositions ; 

(2) a direction to take depositions in perpetuam rei raemo- 
riam ; or 

(3) the taking of depositions or production of evidence pur- 
suant to such dedimus potestatem or direction, or pursuant to 
any other proceedings for the purpose ; 

that the proceedings would tend to endanger the security of the 
United States or any of its naval or military operations in the war, 
or would tend to interfere with those operations, then the proceed- 
ings may not be started or, if they have been started, they shall, 
when the certificate is filed, be stayed. 

(b) The time during which a claimant may file suit of the type 
described in section 7721 of this title is computed by excluding the 
time during which a stay under this section or any extension of such 
a stay is in effect. (Aug. 10, 1956, ch. 1041, 70A Stat. 484.) 



10 U.S.C. 7727. Duration of stay 

A stay of proceedings under this chapter remains in effect for the 
period specified in the certificate upon which it was based unless the 
Secretary of the Navy issues a new certificate under section 7725 or 
7726 of this title changing the termination date. However, a stay 
under this chapter may not remain in force longer than six months 
after the cessation of hostilities. (Aug. 10, 1956, ch. 1041. 70A Stat. 
485.) 

— N.0 T E — 

Excerpt from House Kept. 1681, 78th Congress, 2d Sess. (1944) 
purpose 

The general purpose of the bill, S. 1173 is to provide 
that, in time of war, proceedings against the United States 
under the Public Vessels Act and proceedings to take testi- 
mony shall be stayed, when the Secretary of the Navy shall 
certify to the court in which such suit is pending that the 
prosecution of any such suit or proceeding would tend to 
endanger the security of naval operations in such war, or 
interfere with such operations, for a period until 6 months 
after the cessation of hostilities in such war or until such 
earlier time as may be stated in the certificate. 
[Emphasis supplied.] 



167 



EXPLANATION 

The Public Vessels Act (46 U.S.C. 781, et seq.), passed in 
1925, authorizes suits against the United States for damage 
caused by public vessels of the United States. 

Section 1 of the bill S. 1173 provides that, if the Secre- 
tary of the Navy certifies to the court in which the suit is 
pending that the prosecution of such suit would tend to 
endanger the security of naval operations in such war, or 
interfere with such operations, all further proceedings in 
such suit shall forthwith be stayed until 6 months after the 
cessation of hostilities in such war, or until such earlier 
date as may be stated in such certificate. This section also 
provides that if, in pending suits, the Secretary files a fur- 
ther certificate, then any proceedings to take testimony or 
preserve evidence for use in the case shall be stayed in a 
manner similar to other proceedings in the case. 

Section 2, as far as procedure is concerned, is to the same 
effect as section 1. This section relates to court proceedings 
undertaken in advance of the filing of any suit or plead- 
ings. It particularly affects the practice under which, prior 
to the commencement of actual litigation, a court, order pre- 
viously might be obtained to take and preserve the testi- 
mony of some witness, whose testimony may become impor- 
tant in the event of future litigation. 

Sections 1 and 2 give the Secretary of the Navy absolute 
authority to have litigation against the United States under 
the Public Vessels Act stayed in keeping with the terms of 
his certificate. When such certificate is filed, it will be the 
duty of the court to enter an order in keeping with the cer- 
tificate; the situation will not be a matter for the court to 
determine in its discretion. 

Section 3 defines the "vessels of the Navy or in the naval 
service," to which the bill relates. 

******* 

NEED FOR LEGISLATION 

The above provisions affect admiralty litigation against 
the United States under the Public Vessels Act only in the 
situation where the Secretary of the Navy files a certificate. 
This legislation has been urged by the Navy Department as 
of very considerable importance in preventing possible dis- 
closure in litigation of information which would be of great 
value to the enemy. This act would preclude the develop- 
ment and recording through litigation of date of security 
importance, which is intended to be subject to the control of 
the Navy Department alone. 



168 



The committee is informed that, by virtue of waiver 
agreements contained in the new charter parties under 
which the American merchant marine is operated by the 
War Shipping Administration, which were effective May 
15, 1944, future collision claims of privately owned mer- 
chant vessels of the United States against naval vessels are 
waived. This bill, therefore, will have little application to 
the American merchant marine because of the waiver of 
claims. Security considerations ordinarily would not exist in 
connection with collisions with harbor craft and nonchar- 
tered American vessels. There are now pending certain other 
waiver agreements similar to those which the American 
merchant marine has entered into. In order to become a 
party to these waiver agreements, the Navy Department 
needs to have its authority to make settlements increased. 
The settlement authorization increase, as recommended by 
the committee's amendment, will facilitate the Navy 
Department's entering into the waiver agreements, which 
are under consideration at this time, and therebv eliminate 
prospective future litigation. The extent to which litigation 
is eliminated by waiver agreements and settlements makes 
the provisions for a stay contained in this bill unnecessary, 
and interference with naval operations and leakage of secu- 
rity information are thereby avoided. This consideration is 
an additional factor in the committee's recommending the 
increase of the authorization over the net payment of 
$100,000 contained in S. 1173. 



10 U.S.C. 8031. Composition.: assignment and detail of members 

OF AIR FORCE AND CIVILIANS 

(a) There is in the executive part of the Department of the Air 
Force an Air Staff consisting of — 

(1) the Chief of Staff; 

(2) the Vice Chief of Staff; 

(3) not more than five Deputy Chiefs of Staff ; 

(4) other members of the Air Force assigned or detailed to 
the Air Staff ; and 

(5) civilians in the Department of the Air Force assigned or 
detailed to the Air Staff. 

(b) The Air Staff shall be organized in such manner, and its 
members shall perform such duties and have such titles, as the Sec- 
retary may prescribe. 

(c) Not more than 2.800 officers of the Air Force mav be assigned 
or detailed to permanent duty in the executive part of the Depart- 
ment of the Air Force. However, this limitation does not apply in 
time of war, or of national emergency declared by Congress, or 
whenever the President finds that it is in the national interest to 
increase the number of officers in the executive part of the Depart- 

[Emphasis supplied.] 



169 



ment. The Secretary shall report annually to Congress the number 
of officers in the executive part of the Department of the Air Force 
and the justification therefor. 

(d) No commissioned officer who is assigned or detailed to duty in 
the executive part of the Department of the Air Force may serve 
for a tour of duty of more than four years. However, the Secretary 
may extend such a tour of duty if he makes a special finding that 
the extension is necessary in the public interest. No officer may be 
assigned or detailed to duty in the executive part of the Department 
of the Air Force within two years after relief from that duty, 
except upon a special finding by the Secretary that the assignment 
or detail is necessary in the public interest. This subsection does not 
apply in time of war, or of national emergency declared by Con- 
gress. (Aug. 10, 1956, ch. 1041, 70A Stat. 490; Nov. 2, 1966, Pub. L. 
89-718, § 45, 80 Stat. 1121.) 



10 U.S.C. 8304. Chief of Staff: appointment; duties 

(a) The Chief of Staff shall be appointed for a period of four 
years by the President, by and with the advice and consent of the 
Senate, from the general officers of the Air Force. He serves during 
the pleasure of the President. In time of war or national emergency 
declared by the Congress after December 31, 1968, he may be reap- 
pointed for a term of not more than four years. 

(b) The Chief of Staff, while so serving, has the grade of general 
without vacating his regular or reserve grade, and is counted as one 
of the officers authorized to serve in a grade above lieutenant gen- 
eral under section 8066 of this title. 

(c) Except as otherwise prescribed by law and subject to section 
8012 (c) and (d) of this title, the Chief of Staff performs his duties 
under the direction of the Secretary of the Air Force, and is 
directly responsible to the Secretary for the efficiency of the Air 
Force, its preparedness for military operations, and plans therefor. 

(d) The Chief of Staff shall— 

( 1 ) preside over the Air Staff ; 

(2) send the plans and recommendations of the Air Staff to 
the Secretary, and advise him with regard thereto ; 

(3) after approval of the plans or recommendations of the 
Air Staff by the Secretary, act as the agent of the Secretary in 
carrying them into effect; 

(4) exercise supervision over such of the members and organi- 
zations of the Air Force as the Secretary of the Air Force 
determines. Such supervision shall be exercised in a manner con- 
sistent with the full operational command vested in unified or 
specified combatant commanders under section 124 of this title. 

(5) perform the duties prescribed for him by sections 141 and 
171 of this title and other provisions of law ; and 

(6) perform such other military duties, not otherwise 
assigned by law, as are assigned to him by the President. 

[Emphasis supplied.] 



170 



(Aug. 10, 1956, ch. 1041, 70A Stat. 492; Aug. 6, 1958, Pub. L. 
85-599, § 4 (d), (e), 72 Stat. 517; Sept. 7, 1962, Pub. L. 87-651, 
title I, § 114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22, title IV, 
§ 403, 81 Stat. 53.) 

[See 10 U.S.C. 3034, Note. Supra.] 



10 U.S.C. 8202. Am Force : officers in certain commissioned grades 

(a) The authorized strength of the Air Force in officers on active 
duty in each of the following grades on the last day of each fiscal 
year, exclusive of officers on active duty for training only and 
officers serving with other departments or agencies on a reimbursable 
basis, is, except as provided in subsections (e) and (f), based on the 
actual strength of the Air Force in those officers, as follows : 



The authorized strength in grade is — 

If the actual 



strength 1 is — For For For For 

general colonels lieutenant majors 

officers colonels 



50,000 _ : _ 312 3,133 6,065 9,455 

60,000 324 3,540 6,822 11,298 

70,000 J. 336 3,857 7,427 13,125 

80,000 , : . 349 4,107 7,920 14,936 

90,000 _'_ 363 4,299 8,316 16,740 

100,000 380 4,440 8,620 18,530 

110,000 398 4,750 9,350 20 295 

120,000 416 5,020 10,056 22,056 

130,000 434 5,273 10,725 23,803 

140,000 .". 452 5,484 11,368 25,536 

150,000 470 5,665 12,000 27 255 

160 000 478 5,842 12,608 28 976 

170 000 '_ 486 5,974 13,175 30,685 

180,000 495 6,075 13,716 32,328 

1 As determined by the Secretary of the Air Force. 

If the actual strength is determined to be between two of the figures 
named in the first column of the table, the corresponding authorized 
strengths in grade are determined by mathematical interpolation 
between the respective authorized strengths named in the table. If it 
is determined to be more than 180,000, the Secretary shall fix the 
corresponding authorized strengths in grade in general conformity 
with the table. 

(b) Not more than one-half of the general officer strength may be 
in grades above brigadier general. 

(c) A vacancy m any grade may be filled by an authorized 
appointment in any lower grade. 

(d) In time of war, or of national emergency declared after May 5, 
1951,, by Congress or the President, the President may suspend the 
operation of any provision of this section. 



[Emphasis supplied.] 



171 



(e) The authorized strengths of the Air Force in officers who are 
designated as medical or dental officers of the Air Force in grades 
below brigadier general shall be based on the needs of the Air Force 
as determined by the Secretary under regulations to be prescribed by 
the Secretary of Defense. 

(f) In determining the authorized strength of the Air Force 
under subsection (a), the strengths authorized for those who are des- 
ignated as medical or dental officers of the Air Force shall be 
excluded. (Aug. 10, 1956, ch. 1041, 70A Stat. 498 ; Sept. 2, 1958, Pub. 
L. 85-861, §1(158). 72 Stat. 1514; Dec. 28, 1967, Pub. L. 90-228, 
§1(4), (5), 81 Stat. 745.) 



10 U.S.C. 8212. Regular Aik Force; Air Force Reserve; Air Na- 
tional Guard of United States : strength in grade ; temporary 
increases 

The authorized strength in any regular or reserve grade, as pre- 
scribed by or under this chapter, is automatically increased to the 
minimum extent necessary to give effect to each appointment made 
in that grade under section 541, 1211(a), 8298, 8299, 8365 (a) and 
(c), 8366 (a) and (d), 8375, 8376, 8380, 8381, or 9353, of this title. An 
authorized strength so increased is increased for no other purpose, 
and while he holds that grade the officer whose appointment caused 
the increase is counted for the purpose of determining when other 
appointments, not under those sections, may be made in that grade. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 501; Aug. 21, 1957, Pub. L. 
85-155, title III, § 301(3), 71 Stat. 386; Sept. 2, 1958, Pub. L. 
85-861, § 1(163), 72 Stat. 1515; June 30, 1960, Pub. L. 86-559, § 1(48), 
74 Stat. 275.) 

******* 



10 U.S.C. 8257. Regular Air Force: aviation cadets; 
qualifications, grade, limitations 

(a) The grade of aviation cadet is a special enlisted grade in the 
Regular Air Force. 

(b) Any male citizen of the United States may be enlisted as an 
aviation cadet, if he is otherwise qualified. 

(c) Any male enlisted member of the Regular Air Force who is 
otherwise qualified may be designated, with his consent, as an avia- 
tion cadet by the Secretary of the Air Force. 

(d) Except in time of war or of emergency declared by Congress, 
at least 20 percent of the aviation cadets designated in each fiscal 
year shall be selected from members of the Regular Air Force or the 
Regular Army who are eligible and qualified. No person may be 
enlisted or designated as an aviation cadet unless — 

(1) he agrees in writing that, upon his successful completion 
of the course of training as an aviation cadet, he will accept a 

[Emphasis supplied.] 



172 



commission as second lieutenant in the Air Force Reserve, and 
will serve on active duty as such for a period of three years, 
unless sooner released ; and 

(2) if under 21 years of age, he has the consent of his parent 
or guardian to his agreement, 
(e) While on active duty, an aviation cadet is entitled to uni- 
forms, clothing, and equipment at the expense of the United States. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 504; Sept. 2, 1958, Pub. L. 85- 
861, § 33 (a) (37), 72 Stat. 1566.) 



10 U.S.C. 8313. Suspension of laws for promotion or mandatory 

RETIREMENT OR SEPARATION DOTING WAR OR EMERGENCY 

In time of war, or of emergency declared by Congress or the Pres- 
ident, the President may suspend the operation of any provision of 
law relating to promotion, or mandatory retirement or separation, of 
commissioned officers of the Regular Air Force. (Aug. 10, 1956, ch. 
1041, 70A Stat. 519. ) 



10 U.S.C. 8395. During war 

In addition to appointments in time of war under chapter 839 of 
this title, appointments of reserve officers may be made in time of 
war. (Aug. 10, 1956, ch. 1041, 70A Stat. 521.) 



10 U.S.C. 8444. Commissioned officers: during war or emergency 

(a) In time of emergency declared by Congress or the President, 
and in time of war, the President may appoint any qualified person, 
including a person who is not a Regular or Reserve, in any tempo- 
rary commissioned grade. 

(b) An officer appointed under subsection (a) may be ordered to 
active duty for such period as the President prescribes. 

(c) Unless sooner vacated, an appointment under subsection (a) is 
effective during the war or emergency in which it is made and for 
six months thereafter. 

(d) For the purposes of determining grade, position on a promo- 
tion list, seniority in temporary grade, and eligibility for promotion, 
each medical or dental officer of the Air Force who is appointed in a 
temporary grade under subsection (a) with a view to designation as 
a medical or dental officer shall, when he enters on active duty, be 
credited with the constructive service authorized by section 8294 (b) 
of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept. 2, 1958, 
Pub. L. 85-861, § 1 (180) (A), 72 Stat 1532.) 

[Emphasis supplied.] 



173 



10 U.S.C. 8445. Officers : additional appointments ddbing war 

OR EMERGENCY 

(a) In addition to appointments authorized under section 8442 of 
this title, in time of war, or of national emergency declared by the 
President, a regular officer or a reserve warrant officer may be 
appointed in a temporary grade that is higher than his regular or 
reserve grade, without vacating that grade. 

(b) In addition to appointments authorized under subsection (a) 
of this section, and sections 8442 and 8444 of this title, in time of 
war a person who holds no commissioned grade in the Regular Air 
Force may be appointed in any temporary commissioned grade. 

(c) Unless sooner vacated, the appointment of an officer under 
subsection (b), except a member of the Regular Air Force, is 
effective during the war in which it is made and for six months 
thereafter. 

(d) Each officer appointed under subsection (b) shall, unless he is 
a member of the Regular Air Force, be relieved from active duty, at 
his request, within six months after the termination of the war. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 522; Sept. 2, 1958, Pub. L. 
85-861, § 1 (180) (B), 72 Stat. 1532.) 

[See 10 U.S.C. 3445 (Senate Rept. 2484) . Supra.'] 



10 U.S.C. 8500. Air National Guard in Federal Service: call 
Whenever — 

(1) the United States, or any of the Territories, Common- 
wealths, or possessions, is invaded or is in danger of invasion 
by a foreign nation ; 

(2) there is a rebellion or danger of a rebellion against the 
authority of the Government of the United States ; or 

(3) the President is unable with the regular forces to execute 
the laws of the United States ; 

the President may call into Federal service members and units of 
the Air National Guard of any State or Territory, Puerto Rico, the 
Canal Zone, or the District of Columbia in such numbers as he con- 
siders necessary to repel the invasion, suppress the rebellion, or exe- 
cute those laws. Orders for these purposes shall be issued through 
the governors of the States, the Territories, Puerto Rico, and the 
Canal Zone, and, in the District of Columbia, through the command- 
ino- general of the National Guard of the District of Columbia. 
(Aug. 10, 1956, ch. 1041, 70 A Stat. 525.) 

******* 



10 U.S.C. 8741. Medal of honor: award 

The President may award, and present in the name of Congress, a 
medal of honor of appropriate design, with ribbons and appurte- 

[Emphasis supplied.] 



24-509 O - 73 - 13 



174 



nances, to » person who, while a member of the Air Force, distin- 
guishes himself conspicuously by gallantry and intrepidity at the 
risk of his life above and beyond the call of duty — 

(1) while engaged in an action against an enemy of the 
United States; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force; or 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 540; July 25, 1963, Pub. L. 
88-77, §3(1), 77 Stat. 94.) 

[See 14 U.S.C. 491, Note. Infra.} 



10 U.S.C. 8742. Air Force cross: award 

The President may award an Air Force cross of appropriate 
design, with ribbons and appurtenances, to a person who, while serv- 
ing in any capacity with the Air Force, distinguishes himself by 
extraordinary heroism not justifying the award of a medal of 
honor — 

(1) while engaged in an action against an enemy of the 
United States; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force; or 

(3) whUe serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 10, 1956, ch. 1041, 70A Stat. 540; July 6, 1960, Pub. L. 
86-593, § 1(1), 74 Stat. 331; July 25, 1963, Pub. L. 88-77, § 3(2), 
77 Stat. 94.) 

[See 14 U.S.C. 491, Note. Infra.] 



10 U.S.C. 8746. Silver star: award 

The President may award a silver star of appropriate design, with 
ribbons and appurtenances, to a person who, while serving in any 
capacity with the Air Force, is cited for gallantry in action that 
does not warrant a medal of honor or Air Force cross 

(1) while engaged in an action against an enemy of the 
United States; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force ; or 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the 
united estates u not a belligerent party. 

s^m W 77%^lf' 70A stat - 541; Jul * 25 ' 1963 > ™- L - 

[See 14 U.S.C. 491, Note. Infra,] 



[Emphasis supplied.] 



175 



10 TJ.S.C. 8750. Airman's Medal: award; limitations 

(a) The President may award a decoration called the "Airman's 
Medal", of appropriate design with accompanying ribbon, to any 
person who, while serving in any capacity with the Air Force, dis- 
tinguishes himself by heroism not involving actual conflict with an 
enemy. 

(b) Not more than one Airman's Medal may be awarded to a 
person. However, for each succeeding act that would otherwise jus- 
tify the award of such a medal, the President may award a suitable 
bar or other device to be worn as he directs. (Aug. 10, 1956, ch. 1041 T 
70A Stat. 542; July 6, 1960, Pub. L. 86-593, § 1(6), 74 Stat. 332.) 

[See 14 U.S.C. 491, Note. Infra.] 



10 U.S.C. 9022. Contract surgeons 

(a) In an emergency the Secretary of the Air Force may employ 
as many contract surgeons as may be necessary. 

(b) When a contract surgeon is in charge of an Air Force hospi- 
tal, he has the same authority as a medical officer. (Aug. 10, 1956, 
ch. 1041, 70A Stat. 558.) 



10 U.S.C. 9025. Production of supplies and munitions: hours 

AND PAT OF LABORERS AND MECHANICS 

During a national emergency declared by the President, the regu- 
lar working hours of laborers and mechanics of the Department of 
the Air Force producing military supplies or munitions are 8 hours 
a day or 40 hours a week. However, under regulations prescribed by 
the Secretary of the Air Force these hours may be exceeded. Each 
laborer or mechanic who works more than 40 hours in a workweek 
shall be paid at a rate not less than one and one-half times the regu- 
lar hourly rate for each hour in excess of 40. (Aug. 10, 1956, ch. 
1041, 70A Stat. 558.) 



10 U.S.C. 9441. Status: support bt Air Force; employment 

(a) The Civil Air Patrol is a volunteer civilian auxiliary of the 
Air Force. 

(b) To assist the Civil Air Patrol in the fulfillment of its objec- 
tives as set forth in section 202 of title 36, the Secretary of the Air 
Force may, under regulations prescribed by him with the approval 
of the Secretary of Def ense — 

(1) give, lend, or sell to the Civil Air Patrol without regard 
to the Federal Property and Administrative Services Act of 
1949, as amended (40 U.S.C. 471 et seq.)— 

(A) major items of equipment, including aircraft, motof 
vehicles, and communication equipment; and 

[Emphasis supplied.] 



176 



( B ) necessary related supplies and training aids ; 
that are excess to the military departments; 

(2) permit the use of such services and facilities of the Air 
Force as he considers to be needed by the Civil Air Patrol to 
carry out its mission ; 

(3) furnish such quantities of fuel and lubricants to the Civil 
Air Patrol as are needed by it to carry out any mission assigned 
to it by the Air Force ; 

(4) establish, maintain, and supply liaison offices of the Air 
Force at the National, State, and Territorial headquarters, and 
at not more than eight regional headquarters, of the Civil Air 
Patrol ; 

(5) detail or assign any member of the Air Force or any 
officer or employee of the Department of the Air Force to any 
liaison office at the National, State, or Territorial headquarters, 
and at not more than eight regional headquarters, of the Civil 
Air Patrol ; 

(6) detail any member of the Air Force or any officer or 
employee of the Department of the Air Force to any unit or 
installation of the Civil Air Patrol to assist in the training pro- 
gram of the Civil Air Patrol ; and 

(7) in time of war, or of national emergency declared after 
May %7, 1954, by Congress or the President, authorize the pay- 
ment of travel expenses and allowances, in accordance with the 
Travel Expense Act of 1949 (5 U.S.C. 835 et seq.), to members 
of the Civil Air Patrol while carrying out any mission specifi- 
cally assigned by the Air Force. 

(c) The Secretary may use the services of the Civil Air Patrol in 
fulfilling the noncombat mission of the Department of the Air 
Force. (Aug. 10, 1956, ch. 1041, 70A Stat. 572.) 



10 TJ.S.C. 9501. Industrial mobilization: orders; priorities; 

POSSESSION OF MANUFACTURING PLANTS ; VIOLATIONS 

(a) In time of war or when war is imminent, the President, 
through the head of any department, may order from any person or 
organized manufacturing industry necessary products or materials 
of the type usually produced or capable of being produced by that 
person or industry. 

(b) A person or industry with whom an order is placed under 
subsection (a), or the responsible head thereof, shall comply with 
that order and give it precedence over all orders not placed under 
that subsection. 

(c) In time of war or when war ix imminent, the President 
through the head of any department, may take immediate possession 
of any plant that is equipped to manufacture, or that in the opinion 
of the Secretary of the Air Force is capable of being readily trans- 
formed into a plant for manufacturing, arms or ammunition, parts 

[Emphasis supplied.] 



177 



thereof, or necessary supplies for the Air Force, if the person or 
industry owning or operating the plant, or the responsible head 
thereof, refuses — 

(1) to give precedence to the order as prescribed in subsection 
0>) ; 

(2) to manufacture the kind, quantity, or quality of arms or 
ammunition, parts thereof, or necessary supplies as ordered by 
the Secretary ; or 

(3) to furnish them at a reasonable price as determined by 
the Secretary. 

(d) The President, through the Secretary, may manufacture prod- 
ucts that are needed in time of war or when war is imminent, in any 
plant that is seized under subsection (c) . 

(e) Each person or industry from whom products or materials are 
ordered under subsection (a) is entitled to a fair and just compensa- 
tion. Each person or industry whose plant is seized under subsection 
(c) is entitled to a fair and just rental. 

(f ) Whoever fails to comply with this section shall be imprisoned 
for not more than three years and fined not more than $50,000. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 573.) 



10 U.S.C. 9502. Industrial mobilization : plants ; lists ; Board on 
Mobilization of Industries Essential for Military Prepared- 
ness 

(a) The Secretary of the Air Force shall maintain a list of all 
privately owned plants in the United States, and the Territories, 
Commonwealths, and possessions, that are equipped to manufacture 
for the Air Force arms or ammunition, or parts thereof, and shall 
obtain complete information of the kinds of those products manu- 
factured or capable of being manufactured by each of those plants, 
and of the equipment and capacity of each of those plants. 

(b) The Secretary shall maintain a list of privately owned plants 
in the United States, and the Territories, Commonwealths, and pos- 
sessions, that are capable of being readily transformed into factories 
for the manufacture of ammunition for the Air Force, and that 
have a capacity sufficient to warrant conversion into ammunition 
plants in time of war or when war is imminent, and shall obtain 
complete information as to the equipment of each of those plants. 

(c) The Secretary shall prepare comprehensive plans for convert- 
ing each plant listed pursuant to subsection (b) into a factory for 
the manufacture of ammunition or parts thereof. 

(d) The President may appoint a nonpartisan Board on Mobiliza- 
tion of Industries Essential for Military Preparedness, and may 
provide necessary clerical assistance to organize and coordinate oper- 
ations under this section and section 9501 of this title. (Aug. 10, 
1956, ch. 1041, 70A Stat. 574.) 

[Emphasis snpplied.] 



178 



— N O T E — 

Excerpt fbom House Rept. 297, 64th Cong., 2d Sess. (1916) 

The committee has also provided in this bill for the mobi- 
lization of industries and the utilization of the commercial 
and industrial resources of the country for war purposes. 
This subject has engaged the attention and has been under- 
taken in all the countries now engaged in war. The section 
in the bill has been worked out by the War College Divi- 
sion, General Staff Corps, and in the opinion of the com- 
mittee is a very essential part of any plan looking to 
preparedness. 



10 U.S.C. 9591. Utilities: proceeds from overseas operations 

During actual or threatened hostilities, proceeds from operating a 
public utility in connection with operations of the Air Force in the 
field overseas are available for that utility until the close of the 
fiscal vear following that in which they are received. (Aug. 10, 1956, 
ch. 1041, 70A Stat. 578.) 



10 U.S.C. 9742. Control of transportation systems in time of war 

In time of war, the President, through the Secretary of the Air 
Force, may take possession and assume control of all or part of any 
system of transportation to transport troops, war material, and 
equipment, or for other purposes related to the emergency. So far as 
necessary, he may use the system to the exclusion of other traffic. 
(Aug. 10, 1956, ch. 1041, 70A Stat. 587.) 



10 U.S.C. 9773. Acquisition and construction : air bases and depots 

(a) The Secretary of the Air Force shall determine the sites of 
such additional permanent air bases and depots in all strategic areas 
of the United States and the Territories, Commonwealths, posses- 
sions, and holdings as he considers necessary. He shall determine 
when the enlargement of existing air bases and depots is necessary 
for the effective peacetime training of the Air Force. 

(b) In determining the sites of new air bases and depots, the Sec- 
retary shall consider the following regions for the purposes indi- 
cated — 

(1) the Atlantic northeast, for training in cold weather and 
in fog; 

(2) the Atlantic southeast, and Caribbean areas, for training 
in long-range operations, especially those incident to reinforcine 
the defenses of the Panama Canal ; 

[Emphasis supplied.] 



179 



(3) the southeastern United States, to provide a depot neces- 
sary to maintain the Air Force; 

(4) the Pacific northwest, to establish and maintain air com- 
munication with Alaska ; 

(5) Alaska, for training under conditions of extreme cold ; 

(6) the Rocky Mountain area, to provide a depot necessary to 
maintain the Air Force, and for training in operations from 
fields in high altitudes; and 

(7) other regions, for the establishment of intermediate air 
bases to provide for transcontinental movements of the Air 
Force for maneuvers. 

(c) In selecting sites for air bases and depots covered by this sec- 
tion and in determining the alteration or enlargement of existing air 
bases or depots, the Secretary shall consider the need — 

(1) to form the nucleus for concentration of Air Force units 
in time of war ; 

(2) to permit, in time of peace, training and effective plan- 
ning in each strategic area for the use and expansion of com- 
mercial, municipal, and private flying installations in time of 
war; 

(3) to locate, in each strategic area in which it is considered 
necessary, adequate storage facilities for munitions and other 
articles necessary to facilitate the movement, concentration, 
maintenance, and operation of the Air Force ; and 

(4) to afford the maximum warning against surprise attack 
by enemy aircraft upon aviation of the United States and its 
necessary installations consistent with maintaining, in connec- 
tion with existing or contemplated landing fields, the full power 
of the Air Force for operations necessary in the defense of the 
United States, and in the defense and reinforcement of the Ter- 
ritories, Commonwealths, possessions, and holdings. 

(d) In carrying out this section, the Secretary, on behalf of the 
United States, may acquire title, in fee simple and free of encum- 
brance, to any land that he considers necessary — 

( 1 ) by accepting title without cost to the United States ; 

(2) by exchanging military reservations or parts thereof for 
that land, upon the written approval of the President ; or 

(3) by purchase or condemnation, if acquisition by gift or 
exchange is impracticable. 

(e) The Secretary may, by purchase, gift, lease, or otherwise, 
acquire at desired locations bombing and machine gun ranges neces- 
sary for practice by, and the training of, tactical units. 

(f ) At each air base or depot established under this section, the 
Secretary shall remove or remodel existing structures as necessary; 
do necessary grading; and provide buildings, utilities, communica- 
tion systems, landing fields and mats, roads, walks, aprons, docks, 
runways, facilities for the storage and distribution of ammunition, 
fuel, oil, necessary protection against bombs, and all appurtenances 
to the foregoing. 

[Emphasis supplied.] 



180 



(g) The Secretary may direct the transportation, of personnel, and 
the purchase, renovation, and transportation of material that he con- 
siders necessary to carry out this section. (Aug. 10, 1956, ch. 1041, 
70A Stat. 588.) 



10 U.S.C. 9776. Emergency construction : fortifications 

// m an emergency the President considers it urgent, a temporary 
air base or fortification may be built on private land if the owner 
consents in writing. (Aug. 10, 1956, ch. 1041, 70A Stat. 591; Sept. 1, 
1970, Pub. L. 91-393, § 5, 84 Stat. 835.) 



10 U.S.C. 9780. Acquisition of buildings in District of Columbia 

(a) In time of war or when war is imminent, the Secretary of the 
Air Force may acquire by lease any building, or part of a building, 
in the District of Columbia that may be needed for military pur- 
poses. 

(b) At any time, the Secretary may, for the purposes of the 
Department of the Air Force, requisition the use and take possession 
of any building or space in any building, and its appurtenances, in 
the District of Columbia, other than — 

( 1 ) a dwelling house occupied as such ; 

(2) a building occupied by any other agency of the United 
States ; or 

(3) space in such a dwelling house or building. 

The Secretary shall determine, and pay out of funds appropriated 
for the payment of rent by the Department of the Air Force, just 
compensation for that use. If the amount of the compensation is not 
satisfactory to the person entitled to it, the Secretary shall pay 75 
percent of it to that person, and the claimant is entitled to recover 
by action against the United States an additional amount that, when 
added to the amount paid by the Secretary, is determined by the 
court to be just compensation for that use. (Added Pub. L. 85-861, 
§ 1(203) (A), Sept. 2, 1958,72 Stat. 1542.) 



Title 12 — Banks and Banking 



12 U.S.C. 95. Emergency limitations and restrictions ox business 
of members of Federal reserve system 

In order to provide for the safer and more effective operation of 
the national banking system and the Federal reserve system, to 
preserve for the people the full benefits of the currency provided' for 
by the Congress through the national banking system and the Fed- 
eral reserve system, and to relieve interstate commerce of the bur- 
dens and obstructions resulting from the receipt on an unsound or 
unsafe basis of deposits subject to withdrawal by check, during such 

[Emphasis supplied.] 



181 



emergency period as the President of the United States by procla- 
mation may prescribe, no member bank of the Federal reserve 
system shall transact any banking business except to such extent and 
subject to such regulations, limitations, and restrictions as may be 
prescribed by the Secretary of the Treasury, with the approval of 
the President. Any individual, partnership, corporation, or associa- 
tion, or any director, officer, or employee thereof, violating any of 
the provisions of this section shall be deemed guilty of a misde- 
meanor and, upon conviotion thereof, shall be fined not more than 
$10,000 or, if a natural person, may, in addition to such fine, be 
imprisoned for a term not exceeding ten years. Each day that any 
such violation continues shall be deemed a separate offense. (Mar. 9, 
1933, ch. 1, title I, § 4, 48 Stat. 2.) 



12 TJ.S.C. 95a. Regulation of transactions in foreign exchange of 

GOLD AND SILVER; PROPERTY TRANSFERS; VESTED INTERESTS, 
ENFORCEMENT AND PENALTIES 

(1) During the time of war or during any otlier period of 
national emergency declared by the President, the President may, 
through any agency that he may designate, or otherwise, and under 
such rules and regulations as he may prescribe, by means of instruc- 
tions, licenses, or otherwise — 

(A) investigate, regulate, or prohibit any transactions in for- 
eign exchange, transfers of credit or payments between, by, 
through, or to any banking institution, and the importing, 
exporting, hoarding, melting, or earmarking of gold or silver 
coin or bullion, currency or securities, and 

(B) investigate, regulate, direct and compel, nullify, void, 
prevent or prohibit, any acquisition holding, withholding, use, 
transfer withdrawal, transportation, importation or exportation 
of, or dealing in, or exercising any right, power, or privilege 
with respect to, or transactions involving, any property in which 
any foreign country or a national thereof has any interest, 

by any person, or with respect to any property, subject to the juris- 
diction of the United States; and any property or interest of any 
foreign country or national thereof shall vest, when, as, and upon 
the terms, directed by the President, in such agency or person as 
may be designated from time to time by the President, and upon 
such terms and conditions as the President may prescribe such inter- 
est or property shall be held, used, administered, liquidated, sold, or 
otherwise dealt with in the interest of and for the benefit of the 
United States, and such designated agency or person may perform 
any and all acts incident to the accomplishment or furtherance of 
these purposes; and the President shall, in the manner hereinabove 
provided, require any person to keep a full record of, and to furnish 
under oath, in the form of reports or otherwise, complete informa- 
tion relative to any act or transaction referred to in this section 
either before, during, or after the completion thereof, or relative to 
any interest in foreign property, or relative to any property in 
[Emphasis supplied.] 



182 



which any foreign country or any national thereof has or has had 
any interest, or as may be otherwise necessary to enforce the provi- 
sions of this section, and in any case in which a report could be 
required, the President may, in the manner hereinabove provided, 
require the production, or if necessary to the national security or 
defense, the seizure, of any books of account, records, contracts, let- 
ters, memoranda, or other papers, in the custody or control of such 
person ; and the President may, in the manner hereinabove provided, 
take other and further measures not inconsistent herewith for the 
enforcement of this section. 

(2) Any payment, conveyance, transfer, assignment, or delivery of 
property or interest therein, made to or for the account of the 
United States, or as otherwise directed, pursuant to this section or 
any rule, regulation, instruction, or direction issued hereunder shall 
to the extent thereof be a full acquittance and discharge for all pur- 
poses of the obligation of the person making the same; and no 
person shall be held liable in any court for or in respect to anything 
done or omitted in good faith in connection with the administration 
of, or in pursuance of and in reliance on, this section, or any rule, 
regulation, instruction, or direction issued hereunder. 

(3) As used in this section the term "United States" means the 
United States and any place subject to the jurisdiction thereof : Pro- 
vided, however, That the foregoing shall not be construed as a limi- 
tation upon the power of the President, which is conferred, to pre- 
scribe from time to time, definitions, not inconsistent with the 
purposes of this section, for any or all of the terms used in this sec- 
tion. Whoever willfully violates any of the provisions of this section 
or of any license, order, rule or regulation issued thereunder, shall, 
upon conviction, be fined not more than $10,000, or, if a natural 
person, may be imprisoned for not more than ten years, or both ; and 
any officer, director, or agent of any corporation who knowingly 
participates in such violation may be punished by a like fine, impris- 
onment, or both. As used in this section the term "person" means an 
individual, partnership, association, or corporation. (Oct. 6, 1917, ch. 
106, § 5(b), 40 Stat. 415; Sept. 24, 1918, ch. 176, § 5, 40 Stat. 966; 
Mar. 9, 1933, ch. 1, title I, § 2, 48 Stat. 1; May 7, 1940, ch. 185, § 1, 
54 Stat. 179; Dec. 18, 1941, ch. 593, title Ul, § 301, 55 Stat 839; 
Proc. No. 2695, eff. July 4, 1946, 11 F. R. 7517, 69 Stat. 1352.) 

—NOTE- 
TRADING With the Enemy Act op 1917 

The Trading with the Enemy Act of 1917 has been 
amended frequently, and in the process its original purpose 
and effect have been altered significantly. The Act was orig- 
inally intended to "define, regulate and punish trading with 
the enemy." 40 Stat. 415. Directed primarily to meeting the 
exigencies of World War I, its drafters intended the Act to 
remain on the books for future war situations. 55 Cong. 
Rec. 4908. Accordingly, when other war powers were termi- 

[ Emphasis supplied.] 



183 



nated in 1921 an exception was made for the Act and it 
remained valid law. 41 Stat. 1359 (the Knox Resolution). 

On March 5, 1933, President Roosevelt relied on Sec. 5(b) 
of the Trading with the Enemy Act as authority for his 
Proclamation 2039 which closed all banks for five days. 
This was clearly a time of financial crisis, not of war, and 
hence was not within the literal terms and purposes of the 
Act. Congress rectified the situation five days later when it 
ratified the President's proclamation and amended Sec. 5(b) 
to give the President the broad wartime powers of that sec- 
tion in times of declared national emergency as well. 48 
Stat. 1. The desperate economic circumstances of the time 
dictated the passage of this sweeping change — after only 
eight hours of Congressional consideration. 

Roosevelt relied on Section 5(b) again in 1939 when he 
restricted all transfers of currency and credit between the 
United States and German-occupied Denmark and Norway. 
Executive Order 8389. This action was subsequently 
approved and the President's exact powers clarified by Con- 
gress, resolving whatever questions may have remained 
about Congressional intentions to restrict the application of 
48 Stat. 1 to either the economic emergency or to actual 
wars. 54 Stat. 179. This set the legal stage, then, to invoke 
presidential powers under the Trading with the Enemy Act 
in wartime or pursuant to any declaration of national 
peacetime emergency. 

The next time these powers were involved was during 
World War II (with a slight Congressional modification — 
see 55 Stat. 838.) A major expansion of Presidential 
authority was effected with the imposition of consumer 
credit controls (Executive Order 8843) by interpreting 
"banking institutions" as used in Sec. 5(b) to include any 
person engaged in the business of making extensions of 
credit. Subsequent Congressional action has reaffirmed this 
power, too, in times of war or national emergency. 12 U.S.C. 
249. 

Another declaration of national emergency was made in 
Proclamation 2914 of December 16, 1950 during the Korean 
War. Trading with the Enemy Act powers were exercised 
pursuant to this proclamation throughout the war. Because 
the state of emergency so declared has never been termi- 
nated, however, this proclamation has continued to serve as 
the basis for invocation of powers under the Act. Most 
notably, President Johnson used Sec. 5(b) as authority for 
Executive Order 11837 of January 1, 1968, imposing con- 
trols over transfers of private capital to foreign countries. 
(On the validity of this action, see Opinion of the Attorney 
General, February 3, 1968). 

On August 15, 1971, President Nixon, in Proclamation 
4074, declared an emergency concerning America's declining 
worldwide economic position. He imposed an import sur- 

[Emphasis supplied.] 



184 



charge and devalued the dollar, among other things. One 
year later, when the Export Control Act lapsed for a 
month, he invoked Sec. 5(b) to regulate exports, basing his 
authority to do so both on his Proclamation 4074 and on 
President Truman's proclamation of 1950. 

The current law, which has thus accreted over a period of 
50 years, gives the President a wide range of powers, but 
only in time of war or declared national emergency. 
Although the Korean war has ended, these powers are being 
exercised solely on the basis of the 1950 emergency; or, on 
the basis of the President's unilaterally designating as 
"emergencies" situations which have only the most tenuous 
relationship to the serious national crises for which the 
Trading with the Enemy Act was originally intended. The 
President, with the approval of Congress, has thus used as 
authority for extraordinary actions laws which have no real 
relationship whatsoever to existing circumstances. As a eon- 
sequence, a "national emergency" is now a practical neces- 
sity in order to carry out what has become the regular and 
normal method of governmental action. What were intended 
by Congress as delegations of power to be used only in the 
most extreme situations and for the most limited durations 
have become everyday powers; and a state of "emergency" 
has become a permanent condition. 

—NOTE- 
DEPARTMENT of Justice, 

May SI, 1973. 

Memorandum for the Special Committee on the Termination of 
the National Emergency 

re : emergency power under § 5 (b) of the trading with the 

ENEMY ACT 

During the course of hearings held by the Committee frequent 
mention has been made of the Trading with the Enemy Act ("the 
Act"). Section 5(b) of the Act has been the statutory foundation for 
control of domestic as well as international financial transactions 
and is not restricted to "trading with the enemy." Its use over the 
years provides an interesting study in the evolution of a statute as a 
result of continuing interplay between the Executive and Congress. 
Of all the emergency statutes under study by the Committee, it has 
the most complex and varied history. This paper does not make any 
recommendations or draw any conclusions but presents a short legal 
chronology of § 5(b) to assist the Committee in understanding its 
background and present status. 

I. 

Original Enactment — World War I 

The Act was passed in 1917 to "define, regulate, and punish trad- 
ing with the enemy." 40 Stat. 415. Section 5(b) gave the President 



185 



power to regulate transactions in foreign exchange, the export or 
hoarding of gold or silver coin or bullion or currency and transfers 
of credit in any form "between the United States and any foreign 
country, whether enemy, ally of enemy, or otherwise." 40 Stat. 415 
(1917) as amended by 40 Stat. 966 (1918). Section 5(b), at that 
time, exempted "transactions to be executed wholly within the 
United States," thus appearing to limit its use as a basis for domes- 
tic controls. It did not include a provision permitting use of the Act 
during periods of national emergency nor was its use restricted by 
its terms to the duration of the First World War or any specified 
term after the end of the War. A law passed in 1921 terminating 
certain war powers specifically exempted the Act from termination 
because of the large amount of property held under the Act by the 
Alien Property Custodian at that time. See Ellingwood, The Legal- 
ity of the National Bank Moratorium, 27 Nw. U.L. Rev. 923, 
925-26 (1933). 

II. 

Depression Banking Emergency 

Upon taking office in March 1933 President Roosevelt was pressed 
to deal promptly with a nationwide panic that threatened to drain 
the liquid resources of most of the banks in the country. The Public 
Papers and Addresses of Franklin D. Roosevelt, pp. 24-29 (1933) 
| hereinafter "R'W'velt Papers"]. He therefor? invoked the "forgot- 
ten provisions" of § 5(b) on March 6, 1933 to declare a bank holiday 
and control the export of gold. Schlesinger, The Coming of the New 
Deal 4 ( 1959 ) . The bank holiday proclamation noted that there had 
been "heavy and unwarranted withdrawals of gold and currency 
from our banking institutions for the purpose of hoarding," and 
that increasing speculation abroad in foreign exchange had resulted 
in severe drain on domestic gold supplies, thus creating a "national 
emergency." Therefore it was "in the best interests of all bank 
depositors that a period of respite be provided with a view to pre- 
venting further hoarding of coin, bullion or currency or speculation 
in foreign exchange." In order to prevent export or hoarding of bul- 
lion or currency a bank holiday was therefore proclaimed from 
March 6 through March 9, 1933. Executive Proclamation No. 2039. 
March 6, 1933, 48 Stat. (Part 2) 1698. 

By invoking § 5(b) as authority, President Roosevelt was, of 
course, using that provision for a different purpose than the one for 
which it was enacted in 1917. However, as one writer noted, closing 
the banks was "one of the surest and quickest ways" to prevent 
transactions in foreign exchange and the exportation of gold and 
silver coin, bullion and currency. Section 5(b) had, as noted, given 
the President power to regulate such matters. Ellingwood, The 
Legality of the National Bank Moratorium, 27 Nw. U.L. Rev. 923, 
925 (1933). 

Congress was called into session within days of the Proclamation. 
Roosevelt Papers 17. As soon as Congress was convened on March 9, 
1933, it approved the bank holiday by passing the so-called Emer- 

[ Emphasis supplied.] 



186 



gency Banking Act or Bank Conservation Act. 48 Stat. 1, That Act 
provided that the actions and proclamations "heretofore or hereafter 
taken ... or issued by the President of the United States . . . since 
March 4, 1933, pursuant to the authority conferred by subdivision 
(b) of section 5 of the Act of October 6, 1917, as amended, are 
hereby approved and confirmed." (48 Stat. 1; 12 U.S.C. 95b (1970)). 
Congress thus "spread its protective approval over executive acts the 
legality of which was uncertain." Ellingwood, op. cit. supra at 27 
Iw. U.L. Rev. 929 (1933). Congress also amended Section 5(b) to 
provide, among other things, that "[d]uring time of war or during 
any other period of national emergency declared by the President, 
the President may . . . regulate, under such rules and regulations as 
he may prescribe . . . transfers of credit between or payments by 
bankings institutions as denned by the President. ..." 48 Stat. 1. In 
the enactment clause Congress declared "that a serious emergency 
exists." 48 Stat. 1. The exclusion of domestic transactions, formerly 
found in the Act, was deleted from § 5(b) at this time. 

The legislative history of the Emergency Banking Act is short: 
only eight hours elapsed from the time the bill was introduced until 
it was signed into law. There were no committee reports. Indeed, the 
bill was not even in print at the time it was passed. 77 Cong. Bee 
76, 80 (1933) ; Schlesinger, The Coming of the New Deal 8. 

The abbreviated history shows Congress recognized that the 
powers conferred on the President by the Act were great. In the 
debate preceding the bill's passage those supporting it made such 
remarks as: 

... in time of storm there can only be one pilot. In my 
judgment, the House of Representatives realize that the 
pilot in this case must be the President of the United 
States, and they will steer their course by him (Rep. Golds- 
borough, 77 Cong. Rec 81). 

It is a dictatorship over finance in the United States. It is 
complete control over the banking system in the United 
States. (Rep. McFadden, 77 Cong. Rec 80). 

I realize that in time of peace we have perhaps never 
been called upon to vest such transcendent powers in the 
Executive as are provided for in this bill. ... It is an emer- 
gency which can be adequately dealt with only by the 
strong arm of Executive power, and therefore I expect to 
vote for the bill, though it contains grants of powers which 
I never before thought I would approve in time of peace. 
(Sen. Connally, 77 Cong. Rec 65). 

The courts later upheld the validity of the bank holiday under the 
.Act, as amended. E.g., Smith v. Witherow, 102 F. 2d 638, 641 (3d Cir., 
193!)) : Hardee v. Washing tmt Loan & Trust Co., 91 F. 2d 314 (DC. 
Cir. 1037). Recause of the prompt action taken by Congress in ratify- 
ing the March 6 proclamation, no judicial decisions were rendered on 
the question of whether the President's action, if taken alone, would 
.have been lawful. 



{Emphasis supplied.] 



187 



Subsequently in 1933-34, acting under § 5(b), President Roosevelt 
issued a series of orders which prohibited the hoarding of gold and 
directed that all gold bullion certificates be deposited with the Fed- 
eral Reserve Banks and which regulated transactions in foreign 
exchange : 

(1) Executive Order 6073 of March 10, 1933, prohibited 
the export or removal of gold from the United States, 
except as authorized by the Secretary of the Treasury, and 
banks were prohibited from making transfers of foreign 
exchange except in connection with certain described transac- 
tions. This order did not specifically refer to a national emer- 
gency. 

(2) Executive Order 6102 of April 5, 1933, generally required 
holders of gold coin, gold bullion, and gold certificates to sur- 
render their holdings to Federal Reserve Banks. This Order 
stated "By virtue of the authority vested in me by Section 5(b) 
... as amended by Section 2 of the Act of March 9, 1933, ... in 
which amendatory Act Congress declared that a serious emer- 
gency exists, I ... do declare that said national emergency still 
continues to exist." 

(3) Executive Order 6111 of April 20, 1933, authorized the 
Secretary of the Treasury to regulate transactions in foreign 
exchange and the export or withdrawal of currency from the 
United States. The emergency basis for E.O. 6111 was stated in 
the same language as the language of E.O. 6102, quoted immedi- 
ately above. 

(4) Executive Order 6260 of August 28, 1933, was issued to 
supplant Executive Orders 6102 and 6111. This order prohibited 
the holding or export of gold, except under license issued by the 
Secretary of the Treasury, and authorized the Secretary to reg- 
ulate or prohibit transactions in foreign exchange. In E.O. 6260 
the President stated "I . . . do declare that a period of national 
emergency exists." Executive Order 6260 was confirmed and 
amended by Presidents Eisenhower and Kennedy. 31 CFR Part 
54. See 42 Op. A.G. No. 35, p. 9. 

(5) Executive Order 6560 of January 15, 1934, authorized the 
Secretary of the Treasury to regulate transactions in foreign 
exchange, transfers of credit from American to foreign banks 
and export of currency or silver coin. This order is still on the 
books today. See 31 CFR Parts 127-128. In this Order, the 
President declared that "a period of national emergency contin- 
ues to exist." 

In January 1934 Congress ratified all acts which had been per- 
formed under the Emergency Banking Act. 48 Stat. 343 (1934) ; 12 
U.S.C. 213 (1970). 

III. 

World War II Alien Property Freeze 

Following the invasion of Norway and Denmark by Germany in 
April 1940 President Roosevelt acted to protect funds of residents of 
these countries in the United States from withdrawal under duress 



188 



bv issuing an order freezing those assets except as authorized by the 
Secretary of the Treasury. Executive Order No. 8389 (April 10, 
1940). The order referred to authority under § 5(b) but did not spe- 
cifically mention the existence of a national emergency. The Presi- 
dent had proclaimed a national emergency only months before in 
September 1939; Proclamation No. 2352 noted the neutrality of the 
United States in the war and stated : 

WHEREAS measures required at this time call for the 
exercise of only a limited number of the powers granted m a 
national emergency : 

NOW, THEREFORE, I ... do proclam that a national 
emergency exists in connection with and to the extent neces- 
sary for the proper observance, safeguarding, and enforc- 
ing of the neutrality of the United States and the strength- 
ening of our national defense within the limits of peacetime 
authorizations. 

Subsequently on May 7, 1940, Congress passed a resolution "to 
remove any doubt" that § 5(b) authorized certain aspects of the 
freeze order. The Report of the Senate Banking Committee noted 
that when Congress passed the Emergency Banking Act, "it 
intended to grant to the President all of the powers conferred upon 
him by section 5(b) of the Act of October 6, 1917, and to authorize 
him to exercise all of such powers not only in time of war, but 
during any other period of national emergency." S. Rep. No. 1496, 
76th Cong., yd Sess. 1 (1949). By joint resolution, Congress thus 
approved and confirmed the order and amended § 5(b) to clarify the 
President's freeze power over alien property. 54 Stat. 179 ( 1940 ) . See 
United States v. Von Clemm, 136 F. 2d 968, 970 (2d Cir. 1934). cert, 
denied, 320 U.S. 769 (1943) (upholding the retroactive validity of 
the 1940 joint resolution of Congress). 

The original freeze order was an amendment to Executive Order 
No. 6560 of January 1934 regulating foreign exchange and the 
export of coin and currency and the controls were somewhat similar 
to those exercised during the First World War and during the bank- 
ing crises of 1933. This order, covering Norway and Denmark, way 
followed by similar executive orders after other nations were 
invaded or subjected to Axis domination. Eventually Germany, 
Japan and Italy were themselves covered in June and July 1941. 
The purpose of the orders was to keep the Axis from using billions 
of dollars of assets in the United States. Roosevelt Papers (1940 
vol.), p. 133-34. Regulations issued by the Secretary of the Treas- 
ury, pursuant to a general delegation of Presidential authority 
under § 5(b) made in 1942, continue to this date to serve as the basis 
for blocking trade and financial transactions with North Korea, 
Cuba and North Vietnam. See 31 C.F.R. part 500 et seq.; Executive 
Order 919:3, sec. 3, July 6, 1942, 7 Fed. Reg. 5205, and Executive 
Order 9989, Aug. 20, 1948, 1", Fed. Reg. 4891. 

(Emphasis supplied.] 



189 



IV. 

Consumer Credit Controls 

Four months before the United States entered World War II, 
President Roosevelt issued Executive Order No. 8843, which 
directed the Federal Reserve Board to impose consumer installment 
credit controls as a measure to fight inflation. 6 Fed. Reg. 4035 
(1941). The order was issued on August 9, 1941 under § 5(b) "in 
order, in the national emergency declared by me on May 27, 1941 to 
promote the national defense and protect the national economy. . ." 
6 Fed. Reg. 4035 (1941). On May 27, 1941, the President had 
issued Proclamation No. 2487 which proclaimed that "an unlimited 
national emergency confronts this country, which requires that its 
military, naval, air and civilian defense be put on the basis of readi- 
ness to repel any and all acts or threats of aggression directed toward 
any part of the Western Hemisphere." 

In Executive Order 8843 the term "banking institution" as used in 
§ 5(b), was defined to include any person engaged in the business of 
making extensions of credit whether as a vendor of consumer dura- 
ble goods or otherwise. The Federal Reserve Board was authorized, 
in order to prevent evasion of the order, to regulate any other exten- 
sion of installment credit, any credit for the purpose of purchasing 
or carrying any consumers' durable good or any other extension of 
credit in the form of a loan (other than loans to businesses or agri- 
cultural enterprises). 6 Fed. Reg. 4036. 

There was some suggestion at the time that the definition of bank- 
ing insitution to include vendors of "consumer durable goods" was 
beyond the power conferred by § 5(b). One writer noted that the 
President had "disclosed hitherto unsuspected potentialities" in § 
5(b) by using this definition of banking institution and that a 
clearer statutory basis would be desirable for such controls. Note, 
Federal Regulation of Consumer Credit by Executive Order. 41 
Colum. L. Rev. 1287, 1289 (1941). See also Price Control BUI, Hear- 
ings on H.R. 5!fl9 before the House Banking and Currency Commit- 
tee, 77th Cong., 1st Sess., pp. 116-117 (1941). Nevertheless, the con- 
trols were accepted once the order was issued and never challenged 
in court. In December 1941 Congress passed the First War Powers 
Act (55 Stat. 839) which included a provision approving and ratify- 
ing actions which had been taken under § 5(b), thus apparently 
approving Executive Order No. 8843. 

After World War II, Congress on four occasions took legislative 
action concerning imposition by the Federal Reserve Board of con- 
sumer credit controls pursuant to § 5(b). The four actions by Con- 
gress are as follows : 

(1) Congress passed a joint resolution in 1947 which provided 
that after November 1, 1947, the Federal Reserve Board was not 
to exercise consumer credit controls pursuant to Executive Order 
No. 8843. 61 Stat. 921, 12 U.S.C. 249. The joint resolution also 
provided that no "such consumer credit controls" could be exer- 

[Emphasis supplied.] 



190 



cised except during wartime or any national emergency thereaf- 
ter declared by the President. 

The legislation took this form because President Truman had 
decided to place the issue of the continuation of controls "in the 
laps of Congress" rather than rescind the controls himself by 
revoking the Executive order. 93 Cong. Rec. 9757. The legisla- 
tive history of the 1947 resolution shows that Congress intended 
that the President have the power, if needed, to make such con- 
trols effective again the day after the resolution by declaring a 
new national emergency. See 93 Cong. Rec. 9753, 9758-59. 

(2) On August 16, 1948, Congress changed its policy and 
authorized the Federal Reserve Board, "notwithstanding" the 

1947 joint resolution, to exercise "consumer-credit controls in 
accordance with and to carry out the purposes of" Executive 
Order No. 8843. 62 Stat. 1291. 

The legislative history of the 1948 act again affirms congres- 
sional intent that the President retain his authority under Exec- 
utive Order No. 8843 to exercise consumer credit controls there- 
after during time of war or national emergency. It also made 
clear that he could have reimposed them on his own without the 

1948 resolution. The House report noted : 

When the Congress terminated the controls over con- 
sumer credit pursuant to the provisions of [12 U.S.C. 
249], it specifically provided that such termination did 
not affect the authority to reimpose such controls 
during the time of war or any national emergency 
declared by the President. The President has evidently 
not seen fit to use this authority to reinstate the regula- 
tion of consumer credit and henceforth the committee 
proposes in this joint resolution for congressional 
enactment of such powers for a temporary period with 
respect to consumer installment credit and at the same 
time reserve the authority to exercise consumer-credit 
controls thereafter during the time of war or declara- 
tion of any national emergency by the President. H.R 
Rep. No. 2455, 80th Cong. 2d Sess. 5-6 (1948). 
The 1948 authority expired June 30, 1949. 

(3) In § 601 of the Defense Production Act of 1950, using 
language patterned closely on that of the 1948 enactment, Con- 
gress again gave the Federal Reserve Board authority to exer- 
cise consumer credit controls under Executive Order No 8843 
' notwithstanding" the 1947 joint resolution. 64 Stat. 812. 

• [ i \ Jn ,Tune 1952 > while extending other parts of the act, 
including § 602, Congress repealed § 601. 66 Stat. 305. Repeal- 
ing § 601 appeared to restore the provisions of the 1947 joint 
resolution (12 USC 249) authorizing the imposition of consumer 
credit controls again during a war or a period of national emer- 
gency. 



191 



V. 

Foreign Direct Investment Program 

Section 5(b) was also used as authority for the Foreign Direct 
Investment Program in 1968. Under E.O. 11387 of January 1, 1968, 
controls were imposed by President Johnson over transfers of capital 
to foreign countries by substantial investors in the United States. A 
formal opinion was issued by Attorney General Kamsey Clark 
upholding the program. The opinion reviews the history of § 5(b). 
It also discusses the continuation of the national emergency declared 
by President Truman in Proclamation 2914 of December 16, 1950, 
which referred to the hostilities in Korea and the world menace of 
the forces of communist aggression. 42 Op. A.G. No. 35. The order 
relies on the continuation of this emergency. 

In March 2, 1973, a federal district court judge ruled orally that 
§ 5(b) did not authorize an indictment charging a violation of the 
foreign direct investment program. The existence of a national 
emergency was not raised, however. An appeal is now being pre- 
pared. United States v. By an, Crim. No. 2038-78 (D.D.C. 1973). 
E.O. 11387 continues in effect today. 

VI. 

Export Controls 

Most recently, § 5(b) was used for a month in 1972 when it was 
invoked by President Nixon as authority for the regulations of 
exports. E.O. 11677 of August 1, 1972. Section 5(b) was used in this 
situation because the existing law authorizing export controls, the 
Export Administration Act of 1969, 83 Stat. 841, as amended by 86 
Stat. 133, had expired. When export control legislation was re-enacted, 
E.O. 11677 was revoked by E.O. 11683 of August 29, 1972. 

The executive order imposing controls recited the continued exist- 
ence of the national emergencies declared by Proclamation No. 2914 
of December 16, 1950, referred to above, and by Proclamation No. 
4074 of August 15, 1971, which imposed a supplemental duty on 
imports for balance of payments purposes.* 

Jack Goldklang. 

*The above study represents the views of the author and 
does not necessarily represent the official position of the 
Department of Justice. 



12 U.S.C. 249. Regulation of consumer credit 

After November 1, 1947, the Board of Governors of the Federal 
Reserve System shall not exercise consumer credit controls pursuant 
to Executive Order Numbered 8843, and no such consumer credit 
controls shall be exercised after such date except during the time of 



192 



war beginning after August 8, 1947, or any national emergency 
declared by the President after August 8, 1947. (Aug. 8, 1947, oh. 
517, 61 Stat. 921.) 



12 U.S.C. 635. PoWEHS AND FUNCTIONS OF BANK 

(a) General banking business; use of mails; use of assets and allo- 
cated or borrowed money ; payment of dividends. 

There is created a corporation with the name Export-Import 
Bank of the United States, which shall be an agency of the United 
States of America. The objects and purposes of the_ bank shall be to 
aid in financing and to facilitate exports and imports and the 
exchange of commodities between the United States or any of its 
Territories or insular possessions and any foreign country or the 
agencies or nationals thereof. In connection with and in furtherance 
of its objects and purposes, the bank is authorized and empowered 
to do a general banking business except that of circulation; to 
receive deposits; to purchase, discount, rediscount, sell, and negoti- 
ate, with or without its endorsement of guaranty, and to guarantee 
notes, drafts, checks, bills of exchange, acceptances, including bank- 
ers' acceptances, cable transfers, and other evidences of indebted- 
ness; to purchase, sell, and guarantee securities but not to purchase 
with its funds any stock in any other corporation except that it may 
acquire any such stock through the enforcement of any lien or 
pledge or otherwise to satisfy a previously contracted indebtedness 
to it; to accept bills and drafts drawn upon it; to issue letters of 
credit; to purchase and sell coin, bullion and exchange; to borrow 
and to lend money ; to perform any act herein authorized in partici- 
pation with any other person, including any individual, partnership, 
corporation, or association; to adopt, alter, and use a corporate seal, 
which shall be judicially noticed; to sue and to be sued, to complain 
and to defend in any court of competent jurisdiction; and the enu- 
meration of the foregoing powers shall not be deemed to exclude 
other powers necessary to the achievement of the objects and pur- 
poses of the bank. The bank shall be entitled to the use of the 
United States mails in the same manner and upon the same condi- 
tions as the executive departments of the Government. The bank is 
authorized to use all of its assets and all moneys which have been or 
may hereafter be allocated to or borrowed by it in the exercise of its 
functions. Net earnings of the bank after reasonable provision for 
possible losses shall be used for payment of dividends on capital 
stock. Any such dividends shall be deposited into the Treasury as 
miscellaneous receipts. 

(b) Functions as supplemental to private capital; restrictions on 
loans. 

(1) It is the policy of the Congress that the Bank in the exercise 
of its functions should supplement and encourage and not compete 
with private capital ; that loans, so far as possible consistently with 
carrying out the purposes of subsection (a) of this section, shall 

[Emphasis supplied.] 



193 



generally be for specific purposes, and, in the judgment of the 
Board of Directors, offer reasonable assurance of repayment; and 
that in authorizing such loans the Board of Directors should take 
into account the possible adverse effects upon the United States 
economy. 

(2) The Bank in the exercise of its functions shall not guarantee, 
insure, or extend credit, or participate in any extension of credit — 

(A) in connection with the purchase or lease of any product 
by a Communist country (as defined in section 2370(f) of Title 
22) , or agency or national thereof, or 

(B) in connection with the purchase or lease of any product 
by any other foreign country, or agency, or national thereof, if 
the product to be purchased or leased by such other country, 
agency, or national is, to the knowledge of the Bank, princi- 
pally for use in, or sale or lease to, a Communist country (as so 
defined), 

except that the prohibitions contained in this paragraph shall not 
apply in the case of any transaction which the President determines 
would be in the national interest if he reports that determination to 
the Senate and House of Representatives within thirty days after 
making the same. 

(3) The Bank shall not guarantee, insure, or extend credit, or 
participate in the extension of credit in connection with the pur- 
chase of any product, technical data, or other information by a 
national or agency of any nation — 

(A) which engages in, armed conflict, declared or otherwise, 
with armed forces of the United States; or 

(B) which furnishes by direct governmental action (not 
including chartering, licensing or sales by non-wholly-owned 
business enterprises) goods, supplies, military assistance, or 
advisers to a nation described in subparagraph (A) ; 

nor shall the Bank guarantee, insure, or extend credit, or participate 
in the extension of credit in connection with the purchase by any 
nation (or national or agency thereof) of any product, technical 
data, or other information which is to be used principally by or in a 
nation described in subparagraph (A) or (B). 

(4) The Bank shall not guarantee, insure, or extend credit, or 
participate in an extension of credit in connection with any credit 
sale of defense articles and defense services to any country desig- 
nated under section 4916 of Title 26 as an economically less devel- 
oped country for purposes of the tax imposed by section 4911 of 
Title 26. The prohibitions set forth in this paragraph shall not 
apply with respect to any transaction the consummation of which 
the President determines would be in the national interest and 
reports such determination (within thirty days after making the 
same) to the Senate and House of Representatives. In making any 
such determination the President shall take into account, among 
other considerations, the national interest in avoiding arms races 
among countries not directly menaced by the Soviet Union or by 
Communist China; in avoiding arming military dictators who are 

[Emphasis supplied.] 



194 



denying social progress to their own peoples; and in avoiding 
expenditures by developing countries of scarce foreign exchange 
needed for peaceful economic progress. 

(5) In no event shall the Bank have outstanding at any time in 
excess of 7i£ per centum of the limitation imposed by section 635e 
of this title for such guarantees, insurance, credits or participation 
in credits with respect to exports of defense articles and services to 
countries which, in the judgment of the Board of Directors of the 
Bank, are less developed. 

(c) Insurance functions; aggregate amount; reserve requirements; 
limitations; fees and premiums; issuance and service of contracts. 

(1) The Export-Import Bank of the United States, in furtherance 
of its objects and purposes under this chapter, is authorized and 
empowered to guarantee, insure, coinsure, and reinsure United 
States exporters and foreign exporters doing business in the United 
States in an aggregate amount not in excess of $3,500,000,000 out- 
standing at any one time against political and credit risks of loss 
arising in connection with United States exports; and to establish 
and maintain fractional reserves in connection therewith. The 
reserves maintained by the Bank for the guarantees, insurance, coin- 
surance or reinsurance issued pursuant to this section shall be not 
less than 25 per centum of the related contractual liability of the 
Bank. Insofar as contracts of guarantee, insurance, coinsurance, and 
reinsurance are concerned, only that part of the Bank's liabilities 
represented by reserves provided for above shall be taken into 
account for the purposes of applying the limitations imposed by sec- 
tion 635e of this title. Fees and premiums shall be charged in 
connection with such contracts commensurate, in the judgment of 
the Bank, with the risks covered. 

(2) The Bank may issue such guarantees, insurance, coinsurance, 
and reinsurance to or with exporters, insurance companies, financial 
institutions, or others, or groups thereof, and where appropriate 
may employ any of the same to act as its agent in the issuance and 
servicing of such guarantees, insurance, coinsurance, and reinsur- 
ance, and the adjustment of claims arising thereunder. (July 31, 
1945, ch. 341, § 2, 59 Stat. 526; Dec 28, 1945, ch. 602, 59 Stat 666; 
June 9, 1947, ch. 101, § 1, 61 Stat. 130; May 21, 1953, ch. 64, § 1, 67 
Stat. 28; Sept. 26, 1961, Pub. L. 87-311, 75 Stat 673; Aug. 20, 1963, 
Pub. L . 88-101, § 1(a), 77 Stet 128; Mar. 13, 1968, PubTL 90-267, 
§ l(a)-(c), 82 Stat 47-49.) 

—NOTE- 
EXCERPT from Senate Kept. 473, 80th Cono., 1st Sess. (1947) 

The resolution as reported authorizes the Federal Reserve 
Board to continue to exercise consumer credit controls pur- 
suant to Executive Order 884S, until December 31, lQJtf. 
The Board would be authorized to discontinue the regula- 
tion at an earlier date, in whole or in part, if conditions 
warrant such action. In lieu of the present regulations as to 
[Emphasis supplied.] 



195 



maximum maturity and down payment, the joint resolution 
provides that no such regulation shall fix a maximum matu- 
rity of less than 24 months, or require a down payment in 
excess of 20 percent of the purchase price. The resolution 
further provides that no consumer credit controls shall be 
exercised after December 31, 1947, except in the event of 
war or national emergency commencing after such date. 



12 U.S.C. 1425a. Liquidity requirements 

(a) Congressional declaration of purpose. 

The purpose of this section is to provide a means for creating 
meaningful and flexible liquidity in savings and loan associations 
and other members which can be increased when mortgage money is 
plentiful, maintained in easily liquidated instruments, and reduced 
to add to the flow of funds to the mortgage market in periods of 
credit stringency. More flexible liquidity will help support two main 
purposes of this Chapter — sound mortgage credit and a more stable 
supply of such credit. 

(b) Required types of assets. 

Any institution which is a member or which is an insured institu- 
tion as defined in section 1724(a) of this title shall maintain the 
aggregate amount of its assets of the following types at not less 
than such amount as, in the opinion of the Board, is appropriate: 
(1) cash, (2) to such extent a9 the Board may approve for the pur- 
poses of this section, time and savings deposits in Federal Home 
Loan Banks and commercial banks, and (3) to such extent as the 
Board may so approve, such obligations, including such special obli- 
gations, of the United States, a State, any territory or possession of 
the United States, or a political subdivision, agency, or instrumen- 
tality of any one or more of the foregoing, and bankers' acceptances, 
as the Board may approve. The requirement prescribed by the 
Board pursuant to this subsection (hereinafter in this section 
referred to as the "liquidity requirement") may not be less than 4 
per centum or more than 10 per centum of the obligation of the 
institution on withdrawable accounts and borrowings payable on 
demand or with unexpired maturities of one year or less or, in the 
case of institutions which are insurance companies, such other base 
or bases as the Board may determine to be comparable. 

(c) Amount; classification. 

The amount of any institution's liquidity requirement, and any 
deficiency in compliance therewith, shall be calculated as the Board 
shall prescribe. The Board may prescribe different liquidity require- 
ments, within the limitations specified herein, for different classes of 
institutions, and for such purposes the Board is authorized to clas- 
sify institutions according to type, size, location, rate of withdraw- 
als, or, without limitation by or on the foregoing, on such other 
basis or bases of differentiation as the Board may deem to be reason- 

[Emphasis supplied.] 



196 



ably necessary or appropriate for effectuating the purposes of this 
section. 

(d) Penalty assessment. • * 
For any deficiency in compliance with the liquidity requirement, 

the Board may, in its discretion, assess a penalty consisting of the 
payment by the institution of such sum as may be assessed by the 
Board but not in excess of a rate equal to the highest rate on 
advances of one year or less, plus 2 per centum per annum, on the 
amount of the deficiency for the period with respect to which the 
deficiency existed. Any penalty assessed under this subsection 
against a member shall be paid to the Federal Home Loan Bank of 
which it is a member, and any such penalty assessed against an 
insured institution which is not a member shall be paid to the Fed- 
eral Savings and Loan Insurance Corporation. The right to assess or 
to recover, or to assess and recover, any such penalty is not abated 
or affected by an institution's ceasing to be a member or ceasing to 
be insured. The Board may authorize or require that, at any tune 
before collection thereof, and whether before or after the bringing 
of any action or other legal proceeding, the obtaining of any judg- 
ment or other recovery, or the issuance or levy of any execution or 
other legal process therefor, and with or without consideration, any 
such penalty or recovery be compromised, remitted, or mitigated in 
whole or part. The penalties authorized under this subsection are in 
addition to all remedies and sanctions otherwise available. 

(e) Reduction; suspension of requirements in time of national 
emergency. 

Whenever the Board deems it advisable in order to enable an 
institution to meet withdrawals or to pay obligations, the Board 
may, to such extent and subject to such conditions as it may pre- 
scribe, permit the institution to reduce its liquidity below the mini- 
mum amount. Whenever the Board determines that conditions of 
national emergency or unusual economic stress exist, the Board may 
suspend any part or all of the liquidity requirements hereunder for 
such period as the Board may prescribe. Any such suspension, unless 
sooner terminated by its terms or by the Board, shall terminate at 
the expiration of ninety days next after its commencement, but noth- 
ing in this sentence prevents the Board from again exercising, 
before, at, or after any such termination, the authority conferred by 
this subsection. 

(f ) Rules and regulations; investigations by Board. 

The Board is authorized to issue such rules and regulations, 
including definitions of terms used hwthis section, to make such 
examinations, and to conduct such investigations as it deems neces- 
sary or appropriate to effectuate the purposes of this section. The 
reasonable cost of any such examination or investigation, as deter- 
miner! by the Board, shall be paid by the institution. In connection 
with any such examination or investigation the Board has the same 
functions and authority that the Federal Savings and Loan Insur- 
ance Corporation has under subsection (m) of section 1730 of this 
title, and for purposes of this subsection the provisions of said 
subsection (m), including the next to last sentence but not including 

[Empbasla supplied.] 



197 



the last sentence, and the provisions of the first sentence of subsec- 
tion (n) of that section are applicable in the same manner and to 
the same extent that they would be applicable if all references 
therein to the Corporation were also references to the Board and all 
references therein to that section or any part thereof were also refer- 
ences to this section. (July 22, 1932, ch. 522, § 5 A, as added June 27, 
1950, ch. 369, § 1, 64 Stat. 257, and amended Aug. 11, 1955, ch. 783, 
title I, 109(a)(3), 69 Stat, 640; Sept. 21, 1968, Pub. L. 90-505, § 
4, 82 Stat. 856.) 

— N 0 T E — 

Excerpt from Senate Reft. 1343, 90th Cong., 2d Sess. (1958) 

The aim of the amendment is not to subsidize mortgages 
or to completely insulate housing from monetary policy, but 
rather to supply liquidity to the mortgage market, and par- 
ticularly to savings and loan associations during periods of 
extremely tight money and rapidly rising interest rates such 
as occurred during 1966 (and such as might very well reoc- 
cur during the last half of 1968). During 1966, the process 
of "disintermediation" caused substantial disruption to the 
mortgage market. Rapidly rising interest rates caused many- 
savers to switch their funds from financial institutions to 
direct purchases of bonds and Government securities. To 
some extent, commercial banks were able to respond by rais- 
ing their interest rates paid on time deposits and certificates 
of deposits, as well as the rates charged for their loans to 
compensate for the higher cost of obtaining deposits. 



12 U.S.C. 1703. Insurance of financial institutions 

(a) The Secretary is authorised and empowered upon such terms 
and conditions as he may prescribe, to insure banks, trust companies, 
personal finance companies, mortgage companies, building and loan 
associations, installment lending companies and other such financial 
institutions, which the Secretary finds to be qualified by experience 
or facilities and approves as eligible for credit insurance, against 
losses which they may sustain as a result of loans and advances of 
credit, and purchases of obligations representing loans and advances 
of credit, made by them on and after July 1, 1939, and prior to 
October 1, 1972, for the purpose of (i) financing alterations, repairs, 
and improvements upon or in connection with existing structures, 
and the building of new structures, upon urban, suburban, or rural 
real property (including the restoration, rehabilitation, rebuilding, 
and replacement of such improvements which have been damaged or 
destroyed by earthquake, conflagration, tornado, hurricane, cyclone, 
flood, or other catastrophe)', by the owners thereof or by lessees of 
such real property under a lease expiring not less than six months 
after the maturity of the loan or advance of credit ; and for the pur- 
pose of (ii) financing the purchase of a mobile home to be used by 

[Emphasis supplied.] 



198 



the owner as his principal residence. In no case shall the insurance 
granted by the Secretary under this section to any such financial 
institution on loans, advances of credit, and purchases made by such 
financial institution for such purposes on and after July 1, 1939, 
exceed 10 per centum of the total amount of such loans, advances of 
credit, and purchases: Provided, That with respect to any loan, 
advance of credit, or purchase made after the effective date of the 
Housing Act of 1954, the amount of any claim for loss on any such 
individual loan, advance of credit or purchase paid by the Secretary 
under the provisions of this section to a lending institution shall not 
exceed 90 per centum of such loss. 

After the effective date of the Housing Act of 1954, (i) the Secre- 
tary shall not enter into contracts for insurance pursuant to this sec- 
tion except with lending institutions which are subject to the inspec- 
tion and supervision of a governmental agency required by law to 
make periodic examinations of their books and accounts, and which 
the Secretary finds to be qualified by experience or facilities to make 
and service such loans, advances or purchases, and with such other 
lending institutions which the Secretary approves as eligible for 
insurance pursuant to this section on the basis of their credit and 
their experience or facilities to make and service such loans, 
advances or purchases; (ii) only such items as substantially protect 
or improve the basic livability or utility of properties shall be eligi- 
ble for financing under this section, and therefore the Secretary 
shall from time to time declare ineligible for financing under this 
section any item, product, alteration, repair, improvement, or class 
thereof which he determines would not substantially protect or 
improve the basic livability or utility of such properties, and he may 
also declare ineligible for financing under this section any item 
whch he determines is especially subject to selling abuses; and (iii) 
the Secretary is authorized and directed, by such regulations or pro- 
cedures as he shall deem advisable, to prevent the use of any finan- 
cial assistance under this section (1) with respect to new residential 
structures (other than mobile homes) that have not been completed 
and occupied for at least six months, or (2) which would, through 
multiple loans, result in an outstanding aggregate loan balance with 
respect to the same structure exceeding the dollar amount limitation 
prescribed m this subsection for the type of loan involved: Pro- 
vided, That this clause (iii) may in the discretion of the Secretary 
be waived with respect to the period of occupancy or completion of 
anv such new residential structures. The Secretary is hereby author- 
ized and directed, with respect to mobile homes to be financed under 
this section, to (i) prescribe minimum property standards to assure 
the livability and durability of the mobile home and the suitability 
of the site on which the mobile home is to be located; and (ii) 
obtain assurances from the borrower that the mobile home will be 
placed on a site which complies with the standards prescribed by the 
ments i zoning and other applicable local require- 

(b) No insurance shall be granted under this section to any such 
financial institution with respect to any obligation representing any 



199 



such loan, advance of credit, or purchase by it (1) if the amount of 
such loan, advance of credit, or purchase exceeds $5,000, except that 
an obligation financing the purchase of a mobile home may be in an 
amount not exceeding $10,000 ($15,000 in the case of a mobile home 
composed of two or more modules); (2) if such obligation has a 
maturity in excess of three years and thirty-two days, except that 
the Secretary may increase such maximum limitation to seven years 
and thirty-two days if he determines such increase to be in the 
public interest after giving consideration to the general effect of 
such increase upon borrowers, the building industry, and the general 
economy, and such maturity limitation shall not apply if such loan, 
advance of credit, or purchase is for the purpose of financing the 
construction of a new structure for use in whole or in part for agri- 
cultural purposes: Provided, That an obligation financing the pur- 
chase of a mobile home may have a maturity not in excess of twelve 
years and thirty-two days (fifteen years and thirty-two days in the 
case of a mobile home composed of two or more modules) ; or (3) 
unless the obligation bears such interest, has such maturity, and con- 
tains such other terms, conditions, and restrictions a9 the Secretary 
shall prescribe, in order to make credit available for the purposes of 
this subchapter: Provided, That any such obligation with respect to 
which insurance is granted under this section on or after sixty days 
from August 7, 1956 shall bear interest, and insurance premium 
charges, not exceeding (A) an amount, with respect to so much of 
the net proceeds thereof as does not exceed $2,500, equivalent to 
$5.50 discount per $100 of original face amount of a one-year note 
payable in equal monthly installments, plus (B) an amount, with 
respect to any portion of the net proceeds thereof in excess of $2,500, 
equivalent to $4.50 discount per $100 of original face amount of such 
a note; Provided further, That the amounts referred to in clauses 
(A) and (B) of the preceding proviso, when correctly based on 
tables of calculations issued by the Secretary or adjusted to elimi- 
nate minor errors in computation in accordance with requirements of 
the Secretary, shall be deemed to comply with such proviso: Pro- 
vided further, That insurance may be granted to any such financial 
institution with respect to any obligation not in excess of $15,000 
nor an average amount of $2,500 per family unit and having a 
maturity not in excess of seven years and thirty-two days represent- 
ing any such loan, advance of credit, or purchase made by it if such 
loan, advance of credit, or purchase is made for the purpose of 
financing the alteration, repair, improvement, or conversion of an 
existing structure used or to be used as an apartment house or a 
dwelling for two or more families : Provided further, That any obli- 
gation with respect to which insurance is granted under this section 
on or after July 1, 1939, may be refinanced and extended in accord- 
ance with such terms and conditions as the Secretary may prescribe, 
but in no event for an additional amount or term in excess of the 
maximum provided for in this subsection. 

(c) (1) Notwithstanding any other provision of law, the Secre- 
tary shall have the power, under regulations to be prescribed by him 
and approved by the Secretary of the Treasury, to assign or sell at 



200 



public or private sale, or otherwise disposeof, any evidence of debt, 
contract, claim, personal property, or security assigned to or held by 
him in connection with the payment of insurance heretofore or here- 
after granted under this section, and to collect or compromise all 
obligations assigned to or held by him and all legal or equitable 
rights accruing to him in connection with the payment of such 
insurance untifsuch time as such obligations may be referred to the 
Attorney General for suit or collection. 

(2) The Secretary is authorized and empowered (a) to deal with, 
complete, rent, renovate, modernize, insure, or sell for cash or credit, 
in his discretion, and upon such terms and conditions and for such 
considerations as the Secretary shall determine to be reasonable, any 
real or personal property conveyed to or otherwise acquired by him 
in connection with the payment of insurance heretofore or hereafter 
granted under this subchapter and (b) to pursue to final collection, 
by way of compromise or otherwise, all claims against mortgagors 
assigned by mortgagees to the Secretary in connection with such real 
or personal property by way of deficiency or otherwise: Provided, 
That section 5 of Title 41 shall not be construed to apply to any 
contract of hazard insurance or to any purchase or contract for serv- 
ices or supplies on account of such property if the amount thereof 
does not exceed $1,000. The power to convey and to execute in the 
name of the Secretary deeds of conveyance, deeds of release, assign- 
ments and satisfactions of mortgages, and any other written instru- 
ment relating to real or personal property or any interest therein 
heretofore or hereafter acquired by the Secretary pursuant to the 
provisions of this subchapter may be exercised by an officer 
appointed by him without the execution of any express delegation of 
power or power of attorney: Provided, That nothing in this para- 
graph shall be construed to prevent the Secretary from delegating 
such power by order or by power of attorney, in his discretion, to 
any officer or agent he may appoint. 

(d) The Secretary is authorized and empowered, under such regu- 
lations as he may prescribe, to transfer to any such approved finan- 
cial institution any insurance in connection with any loans and 
advances of credit which may be sold to it by another approved 
financial institution. 

(e) The Secretary is authorized to waive compliance with regula- 
tions heretofore or "hereafter prescribed by him with respect to the 
interest and maturity of and the terms, conditions, and restrictions 
under which loans, advances of credit, and purchases may be insured 
under this section and section 1706a of this title, if in his judgment 
the enforcement of such regulations would impose an injustice upon 
an insured institution which has substantially complied with such 
regulations in good faith and refunded or credited any excess charge 
made, and where such waiver does not involve an increase of the 
obligation of the Secretary beyond the obligation which would have 
been involved if the regulations had been fully complied with. 

(f) The Secretary shall fix a premium charge for the insurance 
hereafter granted under this section, but in the case of any obliga- 
tion representing any loan, advance of credit, or purchase, such pre- 
mium charge shall not exceed an amount equivalent to 1 per centum 



201 



per annum of the net proceeds of such loan, advance of credit, or 
purchase, for the term of such obligation, and such premium charge 
shall be payable in advance by the financial institution and shall be 
paid at such time and in such manner as may be prescribed by the 
Secretary. 

(g) Any payment for loss made to an approved financial institu- 
tion under this section shall be final and incontestable after two 
years from the date the claim was certified for payment by the Sec- 
retary, in the absence of fraud or misrepresentation on the part of 
such institution, unless a demand for repurchase of the obligation 
shall have been made on behalf of the United States prior to the 
expiration of such two-year period. 

(h) The Secretary is authorized and directed to make such rules 
and regulations as may be necessary to carry out the provisions of 
this subchapter. (June 27, 1934, ch. 847, title I, § 2, 48, Stat. 1246; 
Hay 28, 1935, ch. 150, § 28(a), (b), 49 Stat. 299; Aug. 23, 1935, ch. 
614, § 344(b), 49 Stat. 722; Apr. 3, 1936, ch. 165, § 1, 49 Stat. 1187; 
Apr. 17, 1936, ch. 234, § 4 (a), (b), 49 Stat. 1234; Apr. 22, 1937, ch. 
121, §2, 50 Stat. 71; Feb. 3, 1938, ch. 13, §2, 52 Stat. 9; June 3, 
1939, ch. 175, §§ 1, 2, 53 Stat. 804, 805; June 28, 1941, ch. 261, §§ 
1-5, 55 Stat. 364, 365; May 26, 1942, ch. 319, §13, 56 Stat. 305; 
Mar. 23. 1943, ch. 21, § 2, 57 Stat, 43; Oct. 15, 1943, ch. 259, §§ 3, 4, 
57 Stat. 571; June 26, 1947, ch. 152, 61 Stat. 182; 1947 Reorg. Plan 
No. 3, §3, eff. July 27, 1947, 12 F.E. 4981, 61 Stat. 954; Aug. 10, 
1948, ch. 832, title I, § 101 (s), 62 Stat. 1275; July 15, 1949, ch. 338, 
title II, § 201(1), 63 Stat. 421; Aug. 30, 1949, ch. 524, 63 Stat. 681; 
Oct. 25, 1949, ch. 729, §1(1), 63 Stat. 905; Apr. 20, 1950, ch. 94, 
title I, §§ 101(a), 122, 64 Stat. 48, 59; Mar. 10, 1953, ch. 5, § 1, 67 
Stat. 4; Aug. 2, 1954, ch. 649, title I, §§ 101(a), 102, 68 Stat. 590; 
June 30, 1955, ch. 251, § 1 (1), 69 Stat. 225; Aug. 11, 1955, ch. 783, 
title I, § 101, 69 Stat. 635; Feb. 10, 1956, ch. 33, 70 Stat. 11; Aug. 7, 
1956, ch. 1029, title I, § 101, 70 Stat. 1091 ; July 12, 1957, Pub. L. 
85-104, title I, § 105. 71 Stat, 297; Sept. 23, 1959, Pub. L. 86-372, 
title I, § 101, 73 Stat. 654; Sept. 14, 1960, Pub. L. 86-788, § 2(a), 
74 Stat. 1028; June 30, 1961, Pub. L. 87-70, title VI, § 604(a), 75 
Stat. 177; Sept. 2, 1964, Pub. L. 88-560, title I, § 101, 78 Stat. 769; 
Aug. 10, 1965, Pub. L. 89-117, title II, § 202(a), title XI, 
§ 1108(a), 79 Stat. 465, 504; May 25, 1967, Pub. L. 90-19, § 1(a) (3), 
(d), 81 Stat. 17, 18; Aug. 1, 1968, Pub. L. 90-448, title III, § 308, 
82 Stat. 509; Sept. 30, 1969, Pub. L. 91-78, § 2(a), 83 Stat. 125; 
Dec. 24. 1969, Pub. L. 91-152, title I, §§ 101(a), 103(c), Dec. 24, 

1969, 83 Stat. 379, 380; Oct. 2, 1970, Pub. L, 91^32, § 1(a), 84 Stat. 
886; Oct. 21, 1970, Pub. L. 91-473, § 1(a), 84 Stat. 1064; Dec. 1, 

1970, Pub. L. 91-525, § 1(a), 84 Stat. 1384; Dec. 31, 1970, Pub. L. 
91-609, title I, § 101(a), 113, 84 Stat. 1770, 1773.) 

—NOTE— 

Excerpt from House Reft. 2363, 84th Cong., 2d Sess. ( 1956) 

Recent major floods have revealed special problems in 
applying present laws to the rehabilitation or rebuilding of 



202 



urban areas which have been hit by major disasters. Section 
402 of the bill would provide desirable modifications in the 
existing law to facilitate the provision of assistance under 
the urban renewal program in disaster areas. 

A new section (sec. Ill) would be added to title 1 ot the 
Housing Act of 1949, as amended. This new section would 
be applicable onlv in areas which are found by the local 
governing bodv and the Housing Administrator to be in 
need of redevelopment or rehabilitation as a result of a 
flood, fire, hurricane, earthquake, or similar catastrophe 
which the President has declared to be a major disaster. 
The Federal Government would be authorized to extend 
urban renewal assistance for such an area without regard to 
certain limitations imposed upon nondisaster projects. 

Thus, the local community would be permitted to post- 
pone compliance with the workable program requirement, 
and the urban renewal plan would not have to conform to a 
general plan for the locality as a whole. These modifications, 
along with a waiver of the public-hearing requirement, 
would permit a faster start in the rebuilding of the stricken 
area. Present requirements that an urban renewal area shall 
be a slum area or that it shall be predominantly residential 
in character would be waived where the need for rehabilita- 
tion or rebuilding arises from a major disaster. A regular 
urban renewal plan would be prepared for the project area, 
and in doing so, the locality would be required to give due 
regard to the removal or relocation of dwellings from proj- 
ect sites subjected to recurring floods or other recurring 
catastrophes. Since the displacement of families will in 
many instances have already occurred as a result of the 
major disaster, the relocation requirements in the present 
law would be modified to require only that the local public 
agency present a plan for the encouragement, to the maxi- 
mum extent feasible, of the provision of dwellings suitable 
for the needs of displaced families. 

Two sections of the National Housing Act provide FHA 
mortgage insurance authority designed to assist the carry- 
ing out of urban renewal programs. These are FHA sec- 
tions 220 and 221 and provide for insurance of mortgages 
on liberal terms provided the community meets the worka- 
ble program requirement applicable to title I urban renewal 
projects. In order that these mortgage insurance programs 
may also be utilized to help meet needs of disaster victims 
in urban renewal areas the bill provides in such cases that 
the FHA sections 220 and 221 mortgage insurance would be 
made available without regard to the workable program 
requirement. 

Section 701 of the Housing Act of 1954 authorizes the 
Federal Government to make grants, not exceeding 50 per- 
cent of the estimated cost of the planning work, to assist 
community planning in small communities — less than 25,000 
population — and to make similar grants to official State, met- 



203 



ropolitan, or regional agencies for similar planning in met- 
ropolitan or regional areas. The bill would amend this 
section of the law so that in areas stricken by major disas- 
ters, the large cities as well as the smaller communities 
under 25,000 population could directly avail themselves of 
the planning grants authorized. 



12 U.S.C. 1705. Allocation of funds 

For the purposes of carrying out the provisions of this subchapter 
and subchapters II and III of this chapter the President, in his dis- 
cretion, is authorized to provide such funds or any portion thereof 
by allotment to the Secretary from any funds that are available, or 
may hereafter be made available, to the President for emergency 
purposes. (June 27, 1934, ch. 847, title I, § 4, 48 Stat. 1247; June 30, 
1947, ch. 166, title II, § 206 (I), 61 Stat. 208, 1947 Reorg. Plan No. 
3, § 3, eff. July 27, 1947, 12 F.K. 4981, 61 Stat. 954; Apr. 20, 1950, 
ch. 94, title I, § 122, 64 Stat. 59; May 25, 1967, Pub. L. 90-19, § 1(a) 
(3), 81 Stat. 17.) 



12 U.S.C. 1748b. Insurance of mortgages 

(a) Aggregate amount of insurance; termination date. 

In order to assist in relieving the acute shortage and urgent need 
for family housing which now exists at or in areas adjacent to mili- 
tary installations because of uncertainty as to the permanency of 
such installations and to increase the supply of necessary family 
housing accommodations for personnel at such installations, the Sec- 
retary is authorized, upon application of the mortgagee, to insure 
mortgages (including advances on such mortgages during construc- 
tion) which are eligible for insurance as hereinafter provided, and, 
upon such terms as the Secretary may prescribe, to make commit- 
ments for so insuring such mortgages prior to the date of their exe- 
cution or disbursement thereon: Provided, That the aggregate 
amount of principal obligations of all mortgages insured under this 
subchapter (except mortgages insured pursuant to the provisions of 
this subchapter in effect prior to August 11, 1955) shall not exceed 
$2,300,000,000 : And provided further, That the limitation in section 
1715h of this title shall not apply to this subchapter : And provided 
further, That no more mortgages shall be insured under this section 
after October 1, 1962, except pursuant to a commitment to insure 
before such date, and not more than twenty-eight thousand family 
housing units shall be contracted for after June 30, 1959, pursuant to 
any mortgage insured under this section after such date. (June 27. 
1934, ch. 847, title VIII, § 803, as added Aug. 8, 1949, ch. 403, § 1, 
63 Stat. 570, and amended Aug. 10, 1949, ch. 412, § 12 (a), 63 Stat. 
591; Sept. 1, 1951, ch. 378, title VI, § 601 (a— c), 65 Stat. 312; June 
30, 1953, ch. 170, § 10 (a)— (c), 67 Stat. 124; June 29, 1954, ch. 410, 
§ 1 (2), 68 Stat. 320; Aug. 2, 1954, ch. 649, title I, §§ 112 (c), 128 

[Emphasis supplied.] 



204 



(a), 130, 68 Stat. 593, 609; June 30, 1955, ch. 251, § 1 (2), 69 Stat. 
225 Aug. 11, 1955, ch. 783, title TV, § 401, 69 Stat. 647; Aug. 7, 
1956, ch 1029, title V, §§ 502-506(a), 70 Stot 11M; Juty 12, 1957, 
Pub. L. 85-104, title f, ?108 (c), title V, §§ 501, 502, 71 Stat. 297, 
303; Apr. 1, 1958, Pub. L. 85-364, § 3(b), 72 Stat. 73| Aug 10, 
1959, Pub. L. 86-149, title IV, § 414(a) 73 Stat. 322; Sept. 23, 1959, 
Pub. L. 86-372, title VII, § 701, 73 Stat. 682; June 8, 1960, Pub. L. 

86- 500, title V, § 507 (a), (c), .74 Stat. 185, 186; June 27, 1961, 
Pub. L. 87-57, title VI, § 607(a), 75 Stat. Ill; June 30, 1961, Pub. 
L. 87-70, title VI, § 604(d), 75 Stat. 177; Aug. 31, 1962, Pub. L. 

87- 623, §1, 76 Stat. 418; Aug. 10, 1965, Pub. L. 89-117, title X, 
§ 1108 (u), 79 Stat. 560; May 25, 1967, Pub. L. 90-19, § 1(a) (3), (p), 
81 Stat. 17, 19.) 

Title 14 — Coast Guard 



14 U.S.C. 3. Relationship to Navy Department 

Upon the declaration of war or when the President directs, the 
Coast Guard shall operate as a service in the Navy, and shall so con- 
tinue until the President, by executive order, transfers the Coast 
Guard back to the Treasury Department. While operating as a serv- 
ice in the Naw. the Coast Guard shall be subject to the orders of 
the Secretary of the Navy who may order changes in Coast Guard 
operations to render them uniform, to the extent he deems advisable, 
with Navy operations. (Aug. 4, 1949, ch. 393, 63 Stat 496.) 



14 U.S.C. 214. Original appointment of temporary officers 

(a) The President may appoint temporary commissioned officers 
in the Regular Coast Guard in a grade, not above lieutenant, appro- 
priate to their qualifications, experience, and length of service, as the 
needs of the Coast Guard may require, from among the commis- 
sioned warrant officers, warrant officers, and enlisted men of the 
Coast Guard, and from licensed officers of the United States mer- 
chant marine. 

(b) The President may appoint temporary commissioned warrant 
officers in the Regular Coast Guard, as the needs of the Coast Guard 
may require, from among the warrant officers and enlisted men of 
the Coast Guard, and from licensed officers of the United States 
merchant marine. 

(c) The Secretary may appoint temporary warrant officers 
OV-1) in the Regular Coast Guard, as the needs of the Coast 
Guard require, from among the enlisted men of the Coast Guard, 
and from. licensed officers of the United States merchant marine. 

(d) Temporary appointments under this section do not change the 
permanent, probationary, or acting status of persons so appointed, 

[Empbasls supplied.] 



205 



prejudice them in regard to promotion or appointment, or abridge 
their rights or benefits. A person who is appointed under this section 
may not suffer any reduction in the pay and allowances to which he 
was entitled because of his permanent status at the time of his tem- 
porary appointment under this section. 

(e) An appointment under this section may be vacated by the 
appointing officer at any time. Eaai officer whose appointments is so 
van fed shall re\ert to his permanent status. 

(i) Appointees under this section shall take precedence in the 
grade to which appointed in accordance with the dates of their 
appointments as officers in such grade. Appointees whose dates of 
appointment are the same shall take precedence with each other as 
the Secretary shall determine. (Added Pub. L. 88-130, § 1(10) (C), 
Sept. 24. 1963, 77 Stat. 178, and amended Pub. L. 89-444, 1(12)-(14), 
June 9, 1966, 80 Stat. 196.) 

—NOTE— 

Successor to 14 U.S.C. 435 which, according to codifier's 
note, provided for temporary promotions in time of war or 
national emergency. 



14 U.S.C. 275. Wartime temporary service promotions 

(a) In time of war, or of national emergency declared by the 
President or Congress, the President may suspend any section of 
this chapter relating to the selection, promotion, or involuntary sep- 
aration of officers. Such a suspension may not continue beyond six 
months after the termination of the war or national emergency. 

(b) When the preceding sections of this chapter relating to selec- 
tion and promotion of officers are suspended in accordance with 
subsection (a), and. the needs of the service require, the President 
may, under regulations prescribed by him, promote to a higher 
grade any officer serving on active duty in the grade of ensign or 
above in the Coast Guard. 

(c) In time of war, or of national emergency declared by the 
President or Congress, the President may, under regulations to be 
prescribed by him, promote to the next higher warrant officer grade 
any warrant officer serving on active duty in a grade below chief 
warrant officer, W-4. 

(d) The grade of commodore in the Coast Guard is established 
for the purposes of this section. 

(e) A promotion under this section to a grade above lieutenant 
may be made only upon the recommendation of a board of officers 
convened for that purpose. 

(f) A promotion under this section shall be made by an appoint- 
ment for temporary service. An appointment under this section to a 
grade above captain shall be made by the President by and with the 
advice and consent of the Senate. An appointment under this section 
to grade above lieutenant commander of an officer in the Coast 

[Emphasis supplied.] 



24-509 O - 13 - 15 



206 



Guard Reserve shall be made by the President, by and with the 
advice and consent of the Senate. Any other appointments under 
this section shall be made by the President alone. 
_ (g) An appointment under this section, unless expressly declined, 
is regarded as accepted on the date specified by the Secretary as the 
date of the appointment, and the officer so promoted is entitled to 
pay and allowances of the grade to which appointed from that date. 

(h) An appointment under this section does not terminate any 
appointments held by an officer concerned under any other provi- 
sions of this title. The President may terminate temporary appoint- 
ments made under this section at any time. An appointment under 
this section is effective for such period as the President determines. 
However, an appointment may not be effective later thorn, sue months 
after the end of the war or national emergency. When his temporary 
appointment under this section is terminated or expires, the officer 
shall revert to his former grade. 

(i) Not later than six months after the end of the war or national 
emergency the President shall, under such regulations as he may 
prescribe, reestablish the active duty promotion list with adjust- 
ments and additions appropriate to the conditions of original 
appointment and wartime service of all officers to be included 
thereon. The President may, by and with the advice and consent of 
the Senate, appoint officers on the reestablished active duty promo- 
tion list to fill vacancies in the authorized active duty strength of 
each grade. Such appointments shall be considered to have been 
made under section 271 of this title. (Added Pub. L. 88-130, 
§ 1(10) (C), Sept. 24, 1963, 77 Stat. 182.) 

(As amended Pub. L. 92-129, title VI, § 605, Sept. 28, 1971, 85 
Stat. 362.) 



,14 U.S.C. 331. Recall to active duty dubing war or national 

EMERGENCY 

In time of war or national emergency, the Secretary may order 
any regular officer on the retired list to active duty. (Added Pub. L. 
88-130, § 1(10) (C), Sept. 24, 1963, 77 Stat. 189.) 



14 U.S.C. 359. Recall to active duty during war or national 

EMERGENCY 

In time of war or national emergency, the Commandant may 
order any enlisted man on the retired list to active duty. (Aue 4 
1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, § 18, 64 Stat. 407.) 



14 U.S.C. 367. Detention beyond term op enlistment 

(a) Under regulations prescribed by the Secretary, an enlisted 
ma !\ ma y be detained in the Coast Guard beyond the term of his 



enlistment : 

[Emphasis supplied.] 



207 



(1) until the first arrival of the vessel on which he is serving 
at its permanent station, or at a port in a State of the United 
States or in the District of Columbia ; or 

(2) if attached to a shore station beyond the continental 
limits of the United States or in Alaska, until his first arrival 
at a port in any State of the United States or in the District of 
Columbia where his reenlistment or discharge may be effected, 
or until he can be discharged or reenlisted at his station beyond 
the continental limits of the United States or in Alaska, which- 
ever is earlier, but in no event to exceed three months ; or 

(3) during a period of war or national emergency as pro- 
claimed by the President, and, in the interest of national 
defense, for a period not to exceed six months after the end of 
the war or the termination of the emergency ; or 

(4) for a period of not exceeding thirty days in other cases 
whether or not specifically covered t>y this section, when essen- 
tial to the public interests, and the determination that such 
detention is essential to the public interests, made in accordance 
with regulations prescribed by the Secretary, shall be final and 
conclusive. 

Any person detained in the Coast Guard as provided in this sec- 
tion shall be entitled to receive pay and allowances and benefits 
under the same conditions as though his enlistment period had not 
expired, and shall be subject in all respects to the laws and regula- 
tions for the government of the Coast Guard until his discharge 
therefrom. Enlisted men detained under the provisions of (1) of this 
subsection shall be entitled to the pay and allowances provided for 
enlisted personnel of the Navy detained under similar circumstances. 

(b), (c). Repealed. July 24, 1956, ch. 692, § 2 (4), 70 Stat. 631. 

(Aug. 4, 1949, ch. 393, 63 Stat. 523; Aug. 3, 1950, ch. 536, § 22, 64 
Stat. 407; July 24, 1956, ch. 692, §§ 2 (4), 3, 70 Stat. 631.) 



14 U.S.C. 371. Aviation cadets; procurement; transfer 

(a) The grade of aviation cadet is established as a special enlisted 
grade in the Coast Guard. Under such regulations as the Secretary 
prescribes, male citizens in civil life may be enlisted as, and male 
enlisted members of the Coast Guard with their consent may be des- 
ignated as, aviation cadets. 

(b) except in time of wax or national emergency declared by 
Congress, not less than 20 per centum of the aviation cadets pro- 
cured in each fiscal year shall be procured from qualified enlisted 
members of the Coast Guard. 

(c) No persons may be enlisted or designated as an aviation cadet 
unless — 

(1) he agrees in writing that, upon his successful completion 
of the course of training as an aviation cadet, he will accept a 
commission as an ensign in the Coast Guard Reserve and will 
serve on active duty as such for at least three years, unless 
sooner released ; and 

[Emphasis supplied.] 



208 



(2) if under twenty-one years of age, he has the consent of 
his parent or guardian to his agreement, 
(d) Under such regulations as the Secretary prescribes, an avia- 
tion cadet may be transferred to another enlisted grade or rating in 
the Coast Guard, released from active duty, or discharged. (Added 
Pub. L. 89^44, § 1 (20), June 9, 1966, 80 Stat. 196.) 



14 U.S.C. 491. Medal of Honor 

The President may award, and present in the name of Congress, a 
medal of honor of appropriate design, with ribbons and appurte- 
nances, to a person who, while a member of the Coast Guard, distin- 
guishes himself conspicuously by gallantry and intrepidity at the 
risk of his life above and beyond the call of duty — 

(1) while engaged in an action against an enemy of the 
United States; 

(2) while engaged in military operations involving conflict 
with an opposing foreign force ; 

(3) while serving with friendly foreign forces engaged in an 
armed conflict against am opposing armed force in which the 
United States is not a belligerent party. 

(Aug. 4, 1949, ch. 393, 63 Stat. 535; July 25, 1963, Pub. L. 88-77, 
§ 4, 77 Stat. 95.) 

— N O T E — 

Excerpt from House Reft. 412, 88th Coxo., 1st Sess. (1963) 

The purpose of the proposed legislation is to expand the 
authority for the award of the Medal of Honor, the Distin- 
guished Service Cross, the Navy Cross, the Air Force Cross, 
and the Silver Star by the various military departments, 
and the Coast Guard, with respect to the Medal of Honor, 
so the Government can give proper recognition to acts of 
heroism and gallantry which may occur during "cold war" 
conditions short of situations when our Armed Forces are 
at war with an enemy of the United States. 

The bill also amends existing law so that personnel 
receiving the Medal of Honor under the qualifying provi- 
sions of this law will have their names placed on the Medal 
of Honor Roll and receive the certificate and pension pro- 
vided by sections 561 and 562 of title 38. United States 
Code, beginning at age 50. 

Present laws which authorize the award of combat deco- 
rations prescribe in general that these decorations may only 
be awarded to persons who distinguish themselves in actual 
conflict with, or military operations against, an armed 
enemy of the United States. Under present law the Navy 
and Marine Corps may also award the Medal of Honor to a 
member of the naval service who distinguishes himself con- 

[Emphatiis supplied.] 



209 



spicuously by gallantry, et cetera, "in the line of his profes- 
sion." (10U.S.C.6241). 

* * * * * * 

For the most part, however, members of the Armed 
Forces who perform heroic and gallant acts while serving 
in an advisory capacity with, or while assisting in the oper- 
ation of friendly foreign forces engaged in armed conflict 
to which the United States is not a formal party, may not 
be awarded the decorations previously mentioned. 

The President, on April 25, 1962, by Executive order, 
authorized the award of the Purple Heart and on August 
24, 1962, by Executive order, authorized the award of the 
Bronze Star Medal to cover cold war activities. The pro- 
posed legislation restates the criteria for the award of 
combat decorations to make them more consistent with the 
criteria announced in the Executive orders, namely, for acts 
which occur : 

(1) While engaged in an act against an enemy of the 
United States ; 

(2) while engaged in military operations involving con- 
flict with an opposing foreign force; or 

(3) while serving with friendly foreign forces engaged 
in an armed conflict against opposing armed forces in 
which the United States is not a belligerent party. 

The United States has over 11,000 men who are making 
an outstanding effort to assist the Republic of Vietnam in 
its determined war against Communist oppression. The 
Army has been awarding the Distinguished Flying Cross 
(10 U.S.C. 3749), the Air Medal (Executive Order 9158 
amended by Executive Order 9242-A, September 11, 1942), 
the Legion of Merit, and the Bronze Star Medal, but there 
have been situations where higher awards would have been 
made had the authority existed to award them. 

The present criteria for the award of these combat deco- 
rations should therefore be expanded to permit prompt and 
proper recognition of the services and sacrifices of person- 
nel who may be involved in such "cold war" activities. 

Enactment of the proposed legislation would cause no 
significant increase in the budgetary requirements for the 
Department of Defense. 

The Committee on Armed Services unanimously recom- 
mends enactment. 



14 U.S.C. 493. Coast Guard medal 

The President may present, but not in the name of Congress, a 
medal to be known as the Coast Guard medal, of appropriate design, 
with accompanying ribbon, together with a rosette or other device to 

[Emphasis supplied.] 



210 



be worn in lieu thereof, to any person who, while serving in any 
capacity with the Coast Guard, distinguishes himself by heroism not 
involving actual conflict with an enemy. (Aug. 4, 1949, ch. 393, 63 
Stat. 535.) 



14TJ.S.C. 652. Removing restrictions 

Any law removing for the duration of a war or national emer- 
gency proclaimed by the President any restriction contained in any 
then-existing law as applied to the Navy, including, but not limited 
to, restrictions relating to the manner in which purchases may be 
made and contracts awarded, fiscal operations, and personnel, shall, 
in the same manner and to the same extent, remove such restrictions 
as applied to the Coast Guard. (Aug. 4, 1949, ch. 393, 63 Stat 550.) 



[COMMISSIONED OFFICERS] 

14 U.S.C. 778. Suspension of this subchapter in war or national 

EMERGENCY 

In time of war or national emergency declared by the Congress, 
the President is authorized, in his discretion, to suspend the opera- 
tion of all or any of the sections of this subchapter. If any or all of 
such sections are suspended by the President under this section, the 
Secretary of Defense, prior to the sections suspended being again 
placed in operation, shall recommend to Congress necessary legisla- 
tion designed to adjust the grades of Reserve officers and such legis- 
lation shall be, insofar as practicable, comparable to any similar leg- 
islation recommended for adjustment of the grades of officers of the 
Regular Coast Guard. (Added Pub. L. 85-861, § 5 (2), Sept, 2, 1958, 
72 Stat. 1550.) 

— NOTE — 

Excerpt from House Reft. 657, 81st Cong., 1st Sess. (1949) 

This section is new and provides that any law removing 
for the duration of a war or national emergency any 
restriction contained in any then-existing law as applied to 
the Navy shall operate in the same manner to remove such 
restrictions as applied to the Coast Guard. Included are 
restrictions relating to the manner in which purchases may 
be made and contracts awarded, fiscal operations, and per- 
sonnel. This provision is designed to enable the Coast 
Guard to operate as efficiently as the Navy Department in 
time of war or during a national emergency and would 
permit the Coast Guard more effectively to maintain itself 
in a state of military readiness during periods of emer- 
gency. Since the Coast Guard operates as part of the Navy 
in time of war, it is essential that its operations be as flexi- 

[Emphasls supplied.] 



211 



ble and as efficient as those of the Department of which it is 
to be a part. This section would prevent inadvertent fail- 
ures specifically to mention the Coast Guard in legislation 
of the type described in this section from hindering service 
operations. 



Title 15 — Commerce and Trade 



15 U.S.C. 76. Retaliation against restriction of importations in 

TIME OF WAR 

Whenever, during the existence of a war in which the United 
States is not engaged, the President shall be satisfied that there is 
reasonable ground to believe that under the laws, regulations, or 
practices of any country, colony, or dependency contrary to the law 
and practice of nations, the importation into their own or any other 
country, dependency, or colony of any article the product of the soil 
or industry of the United States and not injurious to health or 
morals is prevented or restricted the President is authorized and 
empowered to prohibit or restrict during the period such prohibition 
or restriction is in force, the importation into the United States of 
similar or other articles, products of such country, dependency, or 
colony as in his opinion the public interest may require ; and in such 
case he shall make proclamation stating the article or articles which 
are prohibited from importation into the United States; and any 
person or persons who shall import, or attempt or conspire to 
import, or be concerned in importing, such article or articles, into 
the United States contrary to the prohibition in such proclamation, 
shall be liable to a fine of not less than $2,000 nor more than $50,000, 
or to imprisonment not to exceed two years, or both, in the discre- 
tion of the court. The President may change, modify, revoke, or 
renew such proclamation in his discretion. (Sept. 8, 1916, ch. 463, § 
805, 39 Stat. 799.) 



15 U.S.C. 77. Discrimination against neutral Americans in time 

OF WAR 

Whenever, during the existence of a war in which the United 
States is not engaged, the- President shall be satisfied that there is 
reasonable ground to believe that any vessel, American or foreign, is, 
on account of the laws, regulations, or practices of a belligerent 
Government, making or giving any undue or unreasonable prefer- 
ence or advantage in any respect whatsoever to any particular 
person, company, firm, or corporation, or any particular description 
of traffic in the United States or its possessions or to any citizens of 
the United States residing in neutral countries abroad, or is subject- 

[Emphasis supplied.] 



212 



ing any particular person, company, firm, or corporation or any par- 
ticular description of traffic in the United States or its possessions, 
or any citizens of the United States residing in neutral countries 
abroad to any undue or unreasonable prejudice, disadvantage, 
injury, or discrimination in regard to accepting, receiving, trans- 
porting, or delivering, or refusing to accept, receive, transfer, or 
deliver any cargo, freight, or passengers, or in any other respect 
whatsoever, he is authorized and empowered to direct the detention 
of such vessels by withholding clearance or by formal notice forbid- 
ding departure, and to revoke, modify, or renew any such direction. 

Whenever, during the existence of a war in which the United 
States is not engaged, the President shall be satisfied that there is 
reasonable ground to believe that under the laws, regulations, or 
practices of any belligerent country or Government, American ships 
or American citizens are not accorded any of the facilities of com- 
merce which the vessels or citizens of that belligerent country enjoy 
in the United States or its possessions, or are not accorded by such 
belligerent equal privileges or facilities of trade with vessels or citi- 
zens of any nationality other than that of such belligerent, the Pres- 
ident is authorized and empowered to withhold clearance from one 
or more vessels of such belligerent country until such belligerent 
shall restore to such American vessels and American citizens recipro- 
cal liberty of commerce and equal facilities of trade; or the Presi- 
dent may direct that similar privileges and facilities, if any, enjoyed 
by vessels or citizens of such belligerent in the United States or its 
possessions be refused to vessels or citizens of such belligerent; and 
in such case he shall make proclamation of his direction, stating the 
facilities and privileges which shall be refused, and the belligerent 
to whose vessels or citizens they are to be refused, and thereafter the 
furnishing of such prohibited privileges and facilities to any vessel 
or citizen of the belligerent named in such proclamation shall be 
unlawful ; and he may change, modify, revoke, or renew such procla- 
mation ; and any person or persons who shall furnish or attempt or 
conspire to furnish or be concerned in furnishing or in the conceal- 
ment of furnishing facilities or privileges to ships or persons con- 
trary to the prohibition in such proclamation shall be liable to a fine 
of not less than $2,000 nor more than $50,000 or to imprisonment not 
to exceed two years, or both, in the discretion of the court. 

In case any vessel which is detained by virtue of sections 71 to 77 
of this title shall depart or attempt to depart from the jurisdiction 
of the United States without clearance or other lawful authority, the 
owner or master or person or persons having charge or command of 
such vessel shall be severally liable to a fine of not less than $2,000 
nor more than $10,000, or to imprisonment not to exceed two years, 
or both, and in addition such vessel shall be forfeited to the United 
States. 

The President of the United States is authorised and empowered 
to employ such part of the land or naval forces of the United States 
as shall be necessary to carry out the purposes of sections 71 to 77 of 
this title. (Sept. 8. 1016, ch. 463, § 806, 39 Stat. 799.) 

[Emphasis supplied.] 



213 

Title 16 — Conservation 



16 U.S.C. 440. Same; closure in times of national emergency 

The Secretary of the Interior may, in case of a national emer- 
gency, close the said Fort McHenry and it may be used for any and 
all military purposes during the period of the emergency and for 
such period of time thereafter, as the public needs may require. 
(May 26, 1914, ch. 100, 38 Stat. 382; Mar. 3, 1925, ch. 425, 43 Stat. 
1109; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, 
July 28, 1933.) 

* * * * * i -* 



16 U.S.C. 590p. Limitation on obligations incurred ; Great Plains 
Conservation Service 

* * * * * * * 

(h) Notwithstanding any other provision of law — 
(1) For the 1964 crop and the 1965 crop of feed grains, if the 
Secretary determines that the total supply of feed grains will, in the 
absence of an acreage diversion program, likely be excessive, taking 
into account the need for an adequate carryover to maintain reason- 
able and stable supplies and prices of feed grains and to meet any 
national emergency, he may formulate and carry out an acreage 
diversion program for feed grains, without regard to provisions 
which would be applicable to the regular agricultural conservation 
program, under which, subject to such terms and conditions as the 
Secretary determines, conservation payments in amounts determined 
by the Secretary to be fair and reasonable shall be made to produc- 
ers who divert acreage from the production of feed grains to an 
approved conservation use and increase their average acreage of 
crop-land devoted in 1959 and 1960 to designated soil-conserving 
crops or practices including summer fallow and idle land by an 
equal amount. Payments shall not be made in amounts in excess of 
50 per centum of the estimated basic county support rate, including 
that part of the support price made available through payments in 
kind, on the normal production of the acreage diverted from the 
commodity on the farm based on its adjusted average yield per acre. 
Notwithstanding the foregoing provisions, the Secretary may permit 
such diverted acreage to be devoted to the production of guar, 
sesame, safflower, sunflower, castor beans, mustard seed, and flax, if 
he determines that such crops are not in surplus supply and will not 
be in surplus supply if permitted to be grown on the diverted 
acreage, subject to the condition that payment with respect to 
diverted acreage devoted to any such crop shall be at a rate deter- 
mined by the Secretary to be fair and reasonable, taking into consid- 
eration the use of such acreage for the production of such crops, but 
in no event shall the payment exceed one-half the rate which would 

[Emphasis supplied.] 



214 



otherwise be applicable if such acreage were devoted to co ° ser ™'5 ™ 
uses, and no price support shall be made available for the proauc- 
tion of any such crop on such diverted acreage. The base period lor 
the purpose of determining the adjusted average yield in the case of 
payments with respect to the 1964 crop shall be the four-year P 6 ™? 
1959-1962, and in the case of payments with respect to the 1965 
crop shall be the five-year period 1959-1963. The term "feed grams 
means corn, grain sorghums, barley, and, if for any crop the pro- 
ducer so requests for purposes of having acreage devoted to the pro- 
duction of what considered as devoted to the production of feed 
grains, pursuant to the provisions of section 328 of the Food and 
Agriculture Act of 1962, the term "feed grains" shall include oats 
and rye: Provided, That acreages of corn, grain sorghums, and 
barley shall not be planted in lieu of acreages of oats and rye: Pro- 
vided further, That the acreage devoted to the production of wheat 
shall not be considered as an acreage of feed grains for purposes of 
establishing the feed grain base acreage for the farm for subsequent 
crops. Such feed grain diversion program shall require the producer 
to take such measures as the Secretary may deem appropriate to 
keep such diverted acreage free from erosion, insects, weeds, and 
rodents. The acreage eligible for participation in the program shall 
be such acreage (not to exceed 50 per centum of the average acreage 
on the farm devoted to feed grains in the crop years 1959 and 1960 
or twnety-five acres, whichever is greater) as the Secretary deter- 
mines necessary to achieve the acreage reduction goal for the crop. 
Payments shall be made in kind. The average acreage of wheat pro- 
duced on the farm during the crop years 1959, 1960, and 1961, pur- 
suant to the exemption provided in section 335(f) of the Agricul- 
tural Adjustment Act of 1938, prior to its repeal by the Food and 
Agriculture Act of 1962, in excess of the small farm base acreage 
for wheat established under section 1335 of Title 7, shall be consid- 
ered as an acreage of feed grains produced in the crop years of 1959 
and 1960 for purposes of establishing the feed grain base acreage for 
the farm, and the rate of payment for diverting such wheat shall be 
an amount determined by the Secretary to be fair and reasonable in 
relation to the rates of payment for diverting feed grains. The Sec- 
retary may make such adjustments in acreage and yields as he deter- 
mines necessary to correct for abnormal factors affecting production, 
and to give due consideration to tillable acreage, crop-rotation prac- 
tices, types of soil, soil and water conservation measures, and 
topography. To the extent that a producer proves the actual 
acreages and yields for the farm, such acreages and yields shall be 
used in making determinations. Notwithstanding any other provision 
of this subsection (^(l), 1 the Secretary may, upon unanimous 
request of the State committee established pursuant to section 
590h(b) of this title, adjust the feed grain bases for farms within 
any State or county to the extent he determines such adjustment to 
be necessary in order to establish fair and equitable feed grain bases 
for farms within such State or county. The Secretary may make not 



1 So In original. There is no subsection (I) (1) ,- probably should be "subsec- 
tion (h)(1)." 



215 



to exceed 50 per centum of any payments to producers in advance of 
determination of performance : Provided, That in no event shall the 
Secretary in the crop years 1964 or 1965 make payments to any pro- 
ducers under this subsection and under section 105(d) of the Agri- 
cultural Act of 1949, as amended, in excess of 20 per centum of the 
fair market value of any acreage involved. Notwithstanding any 
other provision of this subsection (h)(1), barley shall not be 
included in the program for a producer of malting barley exempted 
pursuant to section 105(d) of the Agricultural Act of 1949 who par- 
ticipates only with respect to corn and grain sorghums and does not 
knowingly devote an acreage on the farm to barley in excess of 110 
per centum of the average acreage devoted on the farm to barley in 
1959 and 1960. 

(2) Notwithstanding any other provision of this subsection, not to 
exceed 1 per centum of the estimated total feed grain bases for all 
farms in a State for any year may be reserved from the feed grain 
bases established for farms in the State for apportionment to farms 
on which there were no acreages devoted to feed grains in the crop 
years 1959 and 1960 on the basis of the following factors: Suitabil- 
ity of the land for the production of feed grains, the past experience 
of the farm operator in the production of feed grains, the extent to 
which the farm operator is dependent on income from farming for 
his livelihood, the production of feed grains on other farms owned, 
operated, or controlled by the farm operator, and such other factors 
as the Secretary determines should be considered for the purpose of 
establishing fair and equitable feed grain bases. An acreage equal to 
the feed grain base so established for each farm shall be deemed to 
have been devoted to feed grains on the farm in each of the crop 
years 1959 and 1960 for purposes of this subsection except that pro- 
ducers on such farm shall not be eligible for conservation payments 
for the first year for which the feed grain base is established. 

(3) There are hereby authorized to be appropriated such amounts 
as may be necessary to enable the Secretary to carry out this subsec- 
tion. 

(4) The Secretary shall provide by regulations for the sharing of 
payments under this subsection among producers on the farm on a 
fair and equitable basis and in keeping with existing contracts. 

(5) Payments in kind shall be made through the issuance of nego- 
tiable certificates which the Commodity Credit Corporation shall 
redeem for feed grains and, notwithstanding any other provision of 
law, the Commodity Credit Corporation shall, in accordance with 
regulations prescribed by the Secretary, assist the producer in the 
marketing of such certificates. In the case of any certificate not pre- 
sented for redemption within thirty days of the date of its issuance, 
reasonable costs of storage and other carrying charges, as deter- 
mined by the Secretary, for the period beginning thirty days after 
its issuance and ending with the date of its presentation for redemp- 
tion shall be deducted from the value of the certificate. Feed grains 
with which Commodity Credit Corporation redeems certificates pur- 
suant to this paragraph shall be valued at not less than the current 
support price, minus that part of the current support price made 



216 



available through payments in kind, plus reasonable carrying 

(ef^otwithstanding any other provision of law, the Secretary 
may, by mutual agreement with the producer, terminate or modify 
any agreement previously entered into pursuant to this subsection if 
he determines such action necessary because of am, emergency created 
by drought or other disaster or in order to prevent or alleviate a 
shortage in the supply of feed grains. 

(i) Notwithstanding any other provision of law — 

(1) For the 1966 through 1970 crops of feed grains, if the 
Secretary determines that the total supply of feed grains will, 
in the absence of an acreage diversion program, likely be exces- 
sive, taking into account the need for an adequate carryover to 
maintain reasonable and stable supplies and prices of feed 
grains and to meet any national emergency, he may formulate 
and carry out an acreage diversion program for feed grains, 
without regard to provisions which would be applicable to the 
regular agricultural conservation program, under which, subject 
to such terms and conditions as the Secretary determines, con- 
servation payments shall be made to producers who divert 
acreage from the production of feed grains to an approved con- 
servation use and increase their average acreage of cropland 
devoted in 1959 and 1960 to designated soil-conserving crops or 
practices including summer fallow and idle land by an equal 
amount. Payments shall be made at such rate or rates as the 
Secretary determines will provide producers with a fair and 
reasonable return for the acreage diverted, but not in excess of 
50 per centum of the estimated basic county support rate, 
including the lowest rate of payment-in-kind, on the normal 
production of the acreage diverted from the commodity on the 
farm based on the farm projected yield per acre. Notwithstand- 
ing the foregoing provisions, the Secretary may permit all or 
any part of such diverted acreage to be devoted to the produc- 
tion of guar, sesame, safflower, sunflower, castor beans, mustard 
seed, crambe, plantago ovato, and flaxseed, if he determines that 
such production of the commodity is needed to provide an ade- 
quate supply, is not likely to increase tile cost of the price sup- 
port program, and will not adversely affect farm income subject 
to the condition that payment with respect to diverted acreage 
devoted to any such crop shall be at a rate determined by the 
Secretary to be fair and reasonable, taking into consideration 
the use of such acreage for the production of such crops, but in 
no event shall the payment exceed one-half the rate which other- 
wise would be applicable if such acreage were devoted to con- 
servation uses. The term "feed grains" means corn, grain sor- 
ghums, and, if designated by the Secretary, barley, and if for any 
crop the producer so requests for purposes of having acreage 
devoted to the production of wheat considered as devoted to the 
production of feed grains, pursuant to the provisions of section 
1339c of Title 7, the term "feed grains" shall include oats and 
[Emphasis supplied.] 



217 



rye and barley if not designated by the Secretary as provided 
above: Provided, That acreages of corn, grain sorghums, and, 
if designated by the Secretary, barley, shall not be planted in 
lieu of acreages of oats and rye and barley if not designated by 
the Secretary as provided above: Provided further, That the 
acreage devoted to the production of wheat shall not be consid- 
ered as an acreage of feed grains for purposes of establishing 
the feed grain base acreage for the farm for subsequent crops. 
Such feed grain diversion programs shall require the producer 
to take such measures as the Secretary may deem appropriate to 
keep such diverted acreage free from erosion, insects, weeds, and 
rodents. The acreage eligible for participation in the program 
shall be such acreage (not to exceed 50 per centum of the aver- 
age acreage on the farm devoted to feed grains in the crop years 
1959 and 1960 or twenty-five aereas, whichever is greater) as the 
Secretary determines necessary to achieve the acreage reduction 
goal for the crop. Payments shall be made in kind. The acreage 
of wheat produced on the farm during the crop years 1959, 
1960, and 1961, pursuant to the exemption provided in section 
1335(f) of the Title 7, prior to its repeal by the Food and Agri- 
culture Act of 1962, in excess of the small farm base acreage for 
wheat established under section 1335 of Title 7, may be taken 
into consideration in establishing the feed grain base acreage 
for the farm. The Secretary may make such adjustments in 
acreage as he determines necessary to correct for abnormal fac- 
tors affecting production, and to give due consideration to tilla- 
ble acreage, crop-rotation practices, types of soil, soil and water 
conservation measures, and topography. Notwithstanding any 
other provision of this subsection (i)(l), the Secretary may, 
upon unanimous request of the State committee established pur- 
suant to section 590h(b) of this title, adjust the feed grain bases 
for farms within any State or county to the extent he deter- 
mines such adjustment to be necessary in order to establish fair 
and equitable feed grain bases for farms within such State or 
county. The Secretary may make not to exceed 50 per centum of 
any payments to producers in advance of determination of per- 
formance. Notwithstanding any other provision of this subsec- 
tion, barley shall not be included in the program for a producer 
of malting barley exempted pursuant to section 105(e) of the 
Agricultural Act of 1949, who participates only with respect to 
corn and grain sorghums and does not knowingly devote an 
acreage on the farm to barley in excess of 110 per centum of 
the average acreage devoted on the farm to barley in 1959 and 
1960. 

(2) Notwithstanding any other provision of this subsection, 
not to exceed 1 per centum of the estimated total feed grain 
base for all farms in a State for any year may be reserved from 
the feed grain bases established for farms in the State for 
apportionment to farms on which there were no acreages 
devoted to feed grains in the crop years 1959 and 1960 on the 



218 



basis of the following factors: Suitability of the land for the 
production of feed grains, the past experience of the farm °P e /'" 
ator in the production of feed grains, the extent to which the 
farm operator is dependent on income from farming for his live- 
lihood, the production of feed grains on other farms owned, 
operated, or controlled by the farm operator, and such other 
factors as the Secretary determines should be considered for the 
purpose of establishing fair and equitable feed grain bases. An 
acreage equal to the feed grain base so established for each farm 
shall be deemed to have been devoted to feed grains on the farm 
in each of the crop years 1959 and 1960 for purposes of this 
subsection except that producers on such farm shall not be eligi- 
ble for conservation payments for the first year for which the 



(3) There are hereby authorized to be appropriated such 
amounts as may be necessary to enable the Secretary to carry 
out this subsection (i). 

(4) The Secretary shall provide by regulations for the shar- 
ing of payments under this subsection among producers on the 
farm on a fair and equitable basis and in keeping with existing 
contracts. 

(5) Payments in kind shall be made through the issuance of 
negotiable certificates which the Commodity Credit Corporation 
shall redeem for feed grains in accordance with regulations pre- 
scribed by the Secretary and, notwithstanding any other provi- 
sion of law, the Commodity Credit Corporation shall, in accord- 
ance with regulations prescribed by the Secretary, assist the 
producer in the marketing of such certificates. Feed grains with 
which Commodity Credit Corporation redeems certificates pur- 
suant to this paragraph shall be valued at not less than the cur- 
rent support price made available through loans and purchases, 
plus reasonable carrying charges. 

(6) Notwithstanding any other provision of law, the Secre- 
tary may, by mutual agreement with the producer, terminate or 
modify any agreement previously entered into pursuant to this 
subsection if he determines such action necessary because of an 
emergency created hy drought or other disaster, or in order to 
prevent or alleviate a shortage in the supply of feed grains. 



(Apr. 27, 1935, ch. 85, § 16, as added Feb. 29, 1936, ch. 104, § 1, 49 
Stat. 1151, and amended Aug. 7, 1956, ch. 1030, § 1, 70 Stat. 1115; 
Sept. 14, 19G0, Pub. L. 86-793, § 1, 74 Stat. 1030; Mar. 22, 1961, 
Pul). I.. 87-5, § 2, 75 Stat. 6; Aug. 8, 1961, Pub. L. 87-128, title I, 
§ 132, title IV, § 401, 75 Stat. 302, 319; Mar. 30, 1962, Pub. L. 
87-425, § 2, 76 Stat. 50; May 15, 1962, Pub. L. 87^51, § 4, 76 Stat. 
70; Sept. 27, 1962, Pub. L. 87-703, title I, § 101 (4), (5). title III, 
§302, 76 Stat. 606, 612; May 20, 1963, Pub. L. 88-26, §3, 77 Stat. 
45.) Nov. 3. 1965, Pub. L. 89-321. title III, §302, title VI, 
§ 602(g), 79 Stat. 1190, 1208; Oct. 11, 1968, Pub. L. 90-559, § 1(1) 82 
Stat. 996; Nov. 18, 1969, Pub. L. 91-118, §§ 1-3, 83 Stat. 1.94, 195- 
Nov. 30, 1970, Pub. L. 91-524, title VIII, §801, 84 Stat. 1379.) 




[Emphasis supplied.] 



219 



16 U.S.C. 809. Temporary use by Government of project works 

FOR NATIONAL SAFETY ; COMPENSATION FOR USE 

When in the opinion of the President of the United States, evi- 
denced by a written order addressed to the holder of any license 
under this chapter, the safety of the United States demands it, the 
United States shall have the right to enter upon and take possession 
of any project or part thereof, constructed, maintained, or operated 
under said license, for the purpose of manufacturing nitrates, explo- 
sives, or munitions of war, or for any other purpose involving the 
safety of the United States, to retain possession, management, and 
control thereof for such length of time as may appear to the Presi- 
dent to be necessary to accomplish said purposes, and then to restore 
possession and control to the party or parties entitled thereto; and 
in the event that the United States shall exercise such right it shall 
pay to the party or parties entitled thereto just and fair compensa- 
tion for the use of said property as may be fixed by the commission 
upon the basis of a reasonable profit in time of peace, and the cost of 
restoring said property to as good condition as existed at the time of 
the taking over thereof, less the reasonable value of any improve- 
ments that may be made thereto by the United States and which are 
valuable and serviceable to the licensee. (June 10, 1920, ch. 285, § 16, 
41 Stat. 1072.) 



16 U.S.C. 824a. Interconnection and coordination of facilities; 
emergencies; transmission to foreign countries 

(a) Regional districts; establishment; notice to State commissions. 
For the purpose of assuring an abundant supply of electric energy 

throughout the United States with the greatest possible economy and 
with regard to the proper utilization and conservation of natural re- 
sources, the Commission is empowered and directed to divide the coun- 
try into regional districts for the voluntary interconnection and co- 
ordination of facilities for the generation, transmission, and sale of 
electric energy, and it may at any time thereafter, upon its own mo- 
tion or upon application, make such modifications thereof as in its 
judgment will promote the public interest. Each such district shall 
embrace an area which, in the judgment of the Commission, can eco- 
nomically be served by such interconnected and coordinated electric 
facilities. It shall be the duty of the Commission to promote and en- 
courage such interconnection and coordination within each such dis- 
trict and between such districts. Before establishing any such district 
and fixing or modifying the boundaries thereof the Commission shall 
give notice to the State commission of each State situated wholly or in 
part within such district, and shall afford each such State commission 
reasonable opportunity to present its views and recommendations, and 
shall receive and consider such views and recommendations. 

(b) Sale or exchange of energy; establishing physical connections. 

Whenever the Commission, upon application of any State commis- 
sion or of any person engaged in the transmission or sale of electric 
energy, and after notice to each State commission and public utility 

[Emphasis supplied.] 



220 



affected and after opportunity for hearing, finds such action necessary 
or appropriate in the public interest it may by order direct a public 
utility (if the Commission finds that no undue burden will be placed 
upon' such public utility thereby) to establish physical connection of 
its transmission facilities with the facilities of one or more other per- 
sons engaged in the transmission or sale of electric enersry, to sell energy 
to or exchange energy with such persons : Provided, That the commis- 
sion shall have no authority to compel the enlargement of generating 
facilities for such purposes, nor to compel such public utility to sell or 
exchange energy when to do so would impair its ability to render ade- 
quate service to its customers. The Commission may prescribe the 
terms and conditions of the arrangement to be made between the per- 
sons affected by any such order, including the apportionment of cost 
between them and the compensation or reimbursement reasonably due 
toanyof them. j 

(c) Temporary connection and exchange of facilities during 
emergency. _ . 

During the continuance of any war in which the United States is 
engaged, or whenever the Commission determines that an emergency 
exists by reason of a sudden increase in the demand for electric en- 
ergy, or a shortage of electric energy or of facilities for the generation 
or transmission of electric energy, or of fuel or water for generating 
facilities, or other causes, the Commission shall have authority, either 
upon its own motion or upon complaint, with or without notice, hear- 
ing, or report, to require by order such temporary connections of facili- 
ties and such generation, delivery, interchange, or transmission of 
electric energy as in its judgment will best meet the emergency and 
serve the public interest. If the parties affected by such order fail to 
agree upon the terms of any arrangement between them in carrying 
out such order, the Commission, after hearing held either before or 
after such order takes effect, may prescribe by supplemental order such 
terms as it finds to be just and reasonable, including the compensation 
or reimbursement which should be paid to or by any such party. 

(d) Temporary connection during emergency by persons without 
jurisdiction of Commission. 

During the continuance of any emergency requiring immediate ac- 
tion, any person engaged in the transmission or sale of electric energy 
and not otherwise subject to the jurisdiction of the Commission may 
make such temporary connections with any public utility subject to 
the jurisdiction of the Commission or may construct such temporary 
facilities for the transmission of electric energy in interstate commerce 
as may be necessary or appropriate to meet such emergency, and shall 
not become subject to the jurisdiction of the Commission by reason of 
such temporary connection or temporary construction : Provided, That 
such temporary connection shall be discontinued or such temporary 
construction removed or othrewise disposed of upon the termination 
of such emergency: Provided further, That upon approval of the 
Commission permanent connections for emergency use only may be 
made hereunder. 

(e) Transmission of electric energy to foreign country. 

After six months from August 26, 1935, no person shall transmit 
any electric energy from the United States to a foreign country with 



221 



out first having secured an order of the Commission authorizing it 
to do so. The Commission shall issue such order upon application un- 
less, after opportunity for hearing, it finds that the proposed trans- 
mission would impair the sufficiency of electric supply within the 
United States or would impede or tend to impede the coordination in 
the public interest of facilities subject to the jurisdiction of the Com- 
mission. The Commission may by its order grant such application in 
whole or in part, with such modifications and upon such terms and 
conditions as the Commission may find necessary or appropriate, and 
may from time to time, after opportunity for hearing and for good 
cause shown, make such supplemental orders in the premises as it may 
find necessary or appropriate. 

(f ) Transmission or sale at wholesale of electric energy ; regulation. 

The ownership or operation of facilities for the transmission or 
sale at wholesale of electric energy which is (a) generated within a 
State and transmitted from that State across an international bound- 
ary and not thereafter transmitted into any other State, or (b) gen- 
erated in a foreign country and transmitted across an international 
boundary into a State and not thereafter transmitted into any other 
State, shall not make a person a public utility subject to regulation 
as such under other provisions of this subchapter. The State within 
which any such facilities are located may regulate any such transac- 
tion insofar as such State regulation does not conflict with the exercise 
of the Commission's powers under or relating to subsection (e) of this 
section. (June 10, 1920, ch. 285, § 202. as added Aug. 26, 1935, ch. 687, 
title II, § 213, 49 Stat. 847, and amended Aug. 7, 1953, ch. 343, 67 Stat. 
461.) 



[Chapter 12A — Tennessee Valley Authority] 
16 U.S.C. 831d. Directors; maintenance and operation of plant 

FOR PRODUCTION, SALE, AND DISTRIBUTION OF FERTILIZER AND POWER 

The board is authorized — 

(a) To contract with commercial producers for the production of 
such fertilizers or fertilizer materials as may be needed in the Gov- 
ernment's program of development and introduction in excess of 
that produced by Government plants. Such contracts may provide 
either for outright purchase of materials by the board or only for 
the payment of carrying charges on special materials manufactured 
at the board's request for its program. 

(b) To arrange with farmers and farm organizations for large- 
scale practical use of the new forms of fertilizers under conditions 
permitting an accurate measure of the economic return they produce. 

(c) To cooperate with National, State, district, or county experi- 
mental stations or demonstration farms, with farmers, landowners, 
and associations of farmers or landowners, for the use of new forms 
of fertilizer or fertilizer practices during the initial or experimental 
period of their introduction, and for promoting the prevention of 
soil erosion by the use of fertilizers and otherwise. 

(d) The board, in order to improve and cheapen the production 
of fertilizer, is authorized to manufacture and sell fixed nitrogen, 



24-509 O - 73 - 16 



222 



fertilizer, and fertilizer ingredients at Muscle Shoals by the employ- 
ment of existing facilities, by modernizing existing plants, or by any 
other process or processes that in its judgment shall appear wise and 
profitable for the fixation of atmospheric nitrogen or the cheapening 
of the production of fertilizer. 

(e) Under the authority of this chapter the board may make 
donations or sales of the product of the plant or plants operated by 
it to be fairly and equitably distributed through the agency of 
county demonstration agents, agricultural colleges, or otherwise as 
the board may direct, for experimentation, education, and introduc- 
tion of the use of such products in cooperation with practical farm- 
ers so as to obtain information as to the value, effect, and best meth- 
ods of their use. 

(f) The board is authorized to make alterations, modifications, or 
improvements in existing plants and facilities, and to construct new 
plants. 

(g) In the event it is not used for the fixation of nitrogen for 
agricultural purposes or leased, then the board shall maintain in 
stand-by condition nitrate plant numbered 2, or its equivalent, for 
the fixation of atmospheric nitrogen, for the production of explo- 
sives in the event of war or a national emergency, until the Congress 
shall by joint resolution release the board from this obligation, and 
if any part thereof be used by the board for the manufacture of 
phosphoric acid or potash, the balance of nitrate plant numbered 2 
shall be kept in stand-by condition. 

(h) To establish, maintain, and operate laboratories and experi- 
mental plants, and to undertake experiments for the purpose of ena- 
bling the Corporation to furnish nitrogen products for military pur- 
poses, and nitrogen and other fertilizer products for agricultural 
purposes in the most economical manner and at the highest standard 
of efficiency. 

(i) To request the assistance and advice of any officer, agent, or 
employee of any executive department or of any independent office 
of the United States, to enable the Corporation the better to carry 
out its powers successfully, and as far as practicable shall utilize the 
services of such officers, agents, and employees, and the President 
shall, if in his opinion the public interest, service, or economy so 
require, direct that such assistance, advice, and service be rendered 
to the Corporation, and any individual that may be by the President 
directed to render such assistance, advice, and service shall be there- 
after subject to the orders, rules, and regulations of the board: Pro- 
vided. That any invention or discovery made by virtue of and inci- 
dental to such service by an employee of the Government of the 
United States serving under this section, or by any employee of the 
Corporation, together with any patents which may be granted 
thereon, shall be the sole and exclusive property of the Corporation, 
which is authorized to grant such licenses thereunder as shall be 
authorized by the board : Provided further, That the board may pay 
to such inventor such sum from the income from sale of licenses as 
it may deem proper. 

(j) Upon the requisition of the Secretary of the Army or the Sec- 
retary of the Navy to manufacture for and sell at cost to the United 
States explosives or their nitrogenous content. 



223 



(k) Upon the requisition of the Secretary of the Army, the Cor- 
poration shall allot and deliver without charge to the Department of 
the Army so much power as shall be necessary in the judgment of 
said Department for use in operation of all locks, lifts, or other 
facilities in aid of navigation. 

(1) To produce, distribute, and sell electric power, as herein par- 
ticularly specified. 

(m) No products of the Corporation except ferrophosphorus shall 
be sold for use outside of the United States, its Territories and pos- 
sessions, except to the United States Government for the use of its 
Army and Navy, or to its allies in case of war or, until six months 
after the termination of the national emergency proclaimed by the 
President on December 16, 1950, or until such earlier date or dates 
as the Congress by concurrent resolution or the President may pro- 
vide but in no event after April 1, 1953, to nations associated with 
the United States in defense activities. (May 18, 1933, ch. 32, § 5, 48 
Stat. 61; Aug. 31, 1935, ch. 836, § 4, 49 Stat. 1076; July 3, 1952, ch. 
570, § 2 (a), 66 Stat. 334; Aug. 6, 1959, Pub. L. 86-137, § 3, 73 
Stat. 285.) 

—NOTE— 

Excerpt from House Rept. 48, 73d Cong., 1st Sess. (1933) 

national defense 

Intimately interlocked with the production in peace of 
nitrogenous fertilizers is preparedness for national defense 
in time of war. But whether large-scale production of fer- 
tilizers is carried on at Muscle Shoals, we are assured that 
nitrate plant no. 2 will be maintained in stand-by condition 
for the manufacturer of explosives, until Congress shall 
have by joint resolution released the Authority from that 
obligation. These sites should never be sold without express 
approval of Congress. 



16 U.S.C. 831n-4. Bonds for financing power program 

(a) Authorization; amount; use of proceeds; restriction on con- 
tracts for sale or delivery of power ; exchange power arrangements ; 
payment of principal and interest ; bond contracts. 

The Corporation is authorized to issue and sell bonds, notes, and 
other evidences of indebtedness (hereinafter collectively referred to 
as "bonds") in an amount not exceeding $5,000,000,000 outstanding 
at any one time to assist in financing its power program and to 
refund such bonds. The Corporation may, in performing functions 
authorized by this chapter, use the proceeds of such bonds for the 
construction, acquisition, enlargement, improvement, or replacement 
of any plant or other facility used or to be used for the generation 
or transmission of electric power (including the portion of any mul- 
tiple-purpose structure used or to be used for power generation) as 

[Emphasis supplied.] 



224 



may be required in connection with the lease, lease-purchase, or any 
contract for the power output of any such plant or other facility; 
and for other purposes incidental thereto. Unless otherwise specifi- 
cally authorized by Act of Congress the Corporation shall make no 
contracts for the sale or delivery of power which would have the 
effect of making the Corporation or its distributors, directly or indi- 
rectly, a source of power supply outside the area for which the Cor- 
poration or its distributors were the primary source of power supply 
on July 1, 1957, and such additional area extending not more than 
five miles around the periphery of such area as may be necessary to 
care for the growth of the Corporation and its distributors within 
said area: Provided, however, That such additional area shall not in 
any event increase by more than 21/4 per centum (or two thousand 
square miles, whichever is the lesser) the area for which the Corpo- 
ration and its distributors were the primary source of power supply 
on July 1, 1957: And provided further, That no part of such addi- 
tional area may be in a State not now served by the Corporation or 
its distributors or in a municipality receiving electric service from 
another source on or after July 1, 1957, and no more than five 
hundred square miles of such additional area may be in any one 
State now served by the Corporation or its distributors. 

Nothing in this subsection shall prevent the Corporation or its 
distributors from supplying electric power to any customer within 
any area in which the Corporation or its distributors had generally 
established electric service on July 1, 1957, and to which electric 
service was not being supplied from any other source on the effective 
date of this Act. 

Nothing in this subsection shall prevent the Corporation, when 
economically feasible, from making exchange power arrangements 
with other power-generating organizations with which the Corpora- 
tion had such arrangements on July 1, 1957, nor prevent the Corpo- 
ration from continuing to supply power to Dyersburg, Tennessee, 
and Covington, Tennessee, or from entering into contracts to supply 
or from supplying power to the cities of Paducah, Kentucky; 
Princeton, Kentucky; Glasgow, Kentucky; Fulton. Kentucky; Mon- 
ticello, Kentucky; Hickman, Kentucky; Chickamauga, Georgia; 
Ringgold, Georgia; Oak Ridge, Tennessee; and South Fulton. Ten- 
nessee; or agencies thereof; or from entering into contracts to 
supply or from supplying power for the Naval Auxiliary Air Sta- 
tion in Lauderdale and Kemper Counties, Mississippi, through the 
facilities of the East Mississippi Electric Power Association: Pro- 
vided further, That nothing herein contained shall prevent the 
transmission of TVA power to the Atomic Energy Commission or 
the Department of Defense or any agency thereof, on certification 
by the President of the United States that an emergency defense 
need for such power exists. Nothing in this chapter shall affect the 
present rights of the parties in any existing lawsuits involving 
efforts of towns in the same general area where TVA power is sup- 
plied to obtain TVA power. 

[Emphasis supplied.] 



225 



The principal of and interest on said bonds shall be payable solely 
from the Corporation's net power proceeds as hereinafter defined. 
Net power proceeds are defined for purposes of this section as the 
remainder of the Corporation's gross power revenues after deducting 
the costs of operating, maintaining, and administering its power 
properties (including costs applicable to that portion of its multi- 
ple-purpose properties allocated to power) and payments to States 
and counties in lieu of taxes but before deducting depreciation 
accruals or other charges representing the amortization of capital 
expenditures, plus the net proceeds of the sale or other disposition 
of any power facility or interest therein, and shall include reserve or 
other funds created from such sources. Notwithstanding the provisions 
of section 831y of this title or any other provision of law, the Cor- 
poration may pledge and use its net power proceeds for payment of 
the principal of and interest on said bonds, for purchase or redemp- 
tion thereof, and for other purposes incidental thereto, including 
creation of reserve funds and other funds which may be similarly 
pledged and used, to such extent and in such manner as it may deem 
necessary or desirable. The Corporation is authorized to enter into 
binding covenants with the holders of said bonds — and with the 
trustee, if any — under any indenture, resolution, or other agreement 
entered into in connection with the issuance thereof (any such agree- 
ment being hereinafter referred to as a "bond contract") with 
respect to the establishment of reserve funds and other funds, ade- 
quacy of charges for supply of power, application and use of net 
power proceeds, stipulations concerning the subsequent issuance of 
bonds or the execution of leases or lease-purchase agreements relat- 
ing to power properties, and such other matters, not inconsistent 
with this chapter, as the Corporation may deem necessary or desira- 
ble to enhance the marketability of said bonds. The issuance and sale 
of bonds by the Corporation and the expenditure of bond proceeds 
for the purposes specified herein, including the addition of generat- 
ing units to existing power-producing projects and the construction 
of additional power-producing projects, shall be subject to the 
requirements or limitations of any other law. 

******* 



16 U.S.C. 831s. Possession by Government in time of wak; damages 

TO CONTRACT HOLDERS 

The Government of the United States reserves the right, in case 
of war or national emergency declared by Congress, to take posses- 
sion of all or any part of the property described or refen-ed to in 
this chapter for the purpose of manufacturing explosives or for 
other war purposes; but, if this right is exercised by the Govern- 

[Emphasis supplied.] 



226 



ment, it shall pay the reasonable and fair damages that may be suf- 
fered by any party whose contract for the purchase of electric power 
or fixed nitrogen or fertilizer ingredients is violated, after the 
amount of the damages has been fixed by the United States Court of 
Claims in proceedings instituted and conducted for that purpose 
under rules prescribed by the court. (May 18, 1933, ch. 32, § 20, 48 
Stat. 68.) 

— N O T E — 

Excerpt from House Reft. 48, 73d Cong., 1st Sess. (1933) 
salvage value of war investment 

Unlike practically every other war project and war-time 
enterprise, this Muscle Shoals property has a great peace- 
time value for both agriculture and industry, in supplying 
both fertilizers and power, and also has a future value for 
national defense. In time of war our armies and fleets will 
use increasing quantities of nitrate explosives. Happily, the 
more we know about fixing nitrogen for agricultural pur- 
poses, the more rapidly we will be able to fix nitrogen for 
military purposes. The Muscle Shoals property is situated 
far inland, where it is unlikely, if not impossible, that 
enemy airplanes or airships may ever destroy it by bombing 
from the air. Plantr situated within bombing distance of 
enemy airplane carriers are not dependable for war-time 
explosive supplies. 

******* 

NATIONAL DEFENSE 

Intimately interlocked with the production in peace of 
nitrogenous fertilizers is preparedness for national defense 
in time of war. But whether large-scale production of ferti- 
lizers is carried on at Muscle Shoals, we are assured that 
nitrate plant no. 2 will be maintained in stand-by condition 
for the manufacture of explosives, until Congress shall have 
by joint resolution released the Authority from that obliga- 
tion. These sites should never be sold without express 
approval of Congress. 

—NOTE— 

Excerpt from House Kept. 130, 73d Cono., 1st Sess. (1933) 

A most important provision in the House bill was the one 
requiring that nitrate plant no. 2, the big nitrate plant, be 
kept in stand-by condition for war purposes, in the event it 
was not being operated for the fixation of nitrogenous ferti- 
lizer. There was no similar provision in the Senate amend- 
ment and the House provision was incorporated in the con- 
ference amendment. This safeguards national defense. 



227 



16 U.S.C. 832g. Purchase of supplies and services 

Notwithstanding any other provision of law, all purchases and 
contracts made by the administrator or the Secretary of the Army 
for supplies or for services except for personal services, shall be 
made after advertising, in such manner and at such times, 
sufficiently in advance of opening bids, as the administrator or Sec- 
retary of the Army, as the case may be, shall determine to be ade- 
quate to insure notice and opportunity for competition. Such adver- 
tisement shall not be required, however, when (1) an emergency 
requires immediate delivery of the supplies or performance of the 
services; or (2) repair parts, accessories, supplemental equipment, or 
services are required for supplies or services previously furnished or 
contracted for; or (3) the aggregate amount involved in any pur- 
chase of supplies or procurement of services does not exceed $500 ; in 
which cases such purchases of supplies or procurement of services 
may be made in the open market in the manner common among 
businessmen. In comparing bids and in making awards, the adminis- 
trator or the Secretary of the Army, as the case may be, may con- 
sider such factors as relative quality and adaptability of supplies or 
services, the bidder's financial responsibility, skill, experience, record 
of integrity in dealing, an abilty to furnish repairs and mainte- 
nance services, the time of delivery or performance offered, and 
whether the bidder has complied with the specifications. (Aug. 20, 
1937, ch. 720, § 8, 50 Stat. 735.) 



1(5 U.S.C. 833f. Purchase of supplies and services 

Notwithstanding any other provision of law, all purchases and 
contracts made by the Bureau or the Secretary of the Army for sup- 
plies or for services, except for personal services, shall be made after 
advertising, in such manner and at such times, sufficiently in 
advance of opening bids, as the Bureau or Secretary of the Army, as 
the case may be, shall determine to be adequate to insure notice and 
opportunity for competition. Such advertisement shall not be 
required, however, when (1) an emergency requires immediate deliv- 
ery of the supplies or performanve of the services; or (2) repair 
parts, accessories, supplemental equipment, or services are required 
for supplies or services previously furnished or contracted for; or 
(3) the aggregate amount involved in any purchase of supplies or 
procurement of services does not exceed $500; in which cases such 
purchase of supplies or procurement of services may be made in the 
open market in the manner common among businessmen. In compar- 
ing bids and in making awards, the Bureau or the Secretary of the 
Army, as the case may be, may consider such factors as relative 
quality and adaptability of supplies or services, the bidder's finan- 
cial responsibility, skill, experience, record of integrity in dealing, 
and ability to furnish repairs and maintenance services, the time of 

[Emphasis supplied.! 



228 



delivery or performance offered, and whether the bidder has com- 
plied with the specifications. (May 18, 1938, ch. 250, § 7, 52 Stat. 
406.) 



Title 18 — Crimes and Criminal Prooedfre 



18 U.S.O. 793. Gathering, transmitting or losing defense 
information 

(a) Whoever, for the purpose of obtaining information respecting 
the national defense with intent or reason to believe that the infor- 
mation is to be used to the injury of the United States, or to the 
advantage of any foreign nation, goes upon, enters, flies over, or oth- 
erwise obtains information concerning any vessel, aircraft, work of 
defense, navy yard, naval station, submarine base, fueling station, 
fort, battery, torpedo station, dockvard, canal, railroad, arsenal, 
camtv. factory, mine, telegraph, telephone, wireless, or signal station, 
building, office, research laboratorv or station or other place con- 
nected with the national defense owned or constructed, or in prog- 
ress of construction by the United States or under the control of the 
United States, or of any of its officers, departments, or agencies, or 
within the exclusive jurisdiction of the United States, or any place 
in which any vessel, aircraft, arms, munitions, or other materials or 
instruments for use in time of war are being made, prepared, 
repaired, stored, or are the subject of research or development, under 
any contract or agreement with the United States, or any depart- 
ment or agency thereof, or with any person on behalf of the United 
States, or otherwise on behalf of the United States, or any prohib- 
ited place so designated by the President by proclamation in time of 
war or in case of national emergency in which anything for the use 
of the Army, Navy, or Air Force is being prepared or constructed 
or stored, information as to which prohibited place the President 
has determined would be prejudicial to the national defense; or 

(b) Whoever, for the purpose aforesaid, and with like intent or 
reason to believe, copies, takes, makes, or obtains, or attempts to 
copy, take, make, or obtain, any sketch, photograph, photographic 
negative, blueprint, plan, map, model, instrument, appliance, docu- 
ment, writing, or note of anything connected with the national 
defense : or 

fo) Whoever, for the purpose aforesaid, receives or obtains or 
agrees or attempts to receive or obtain from any person, or from any 
source whatever, any document, writing, code book, signal book, 
sketcli, photograph, pilot ographic negative, blueprint, plan, map, 
model, instrument, appliance, or note, of anything connected with 
the national defense, knowing or having reason to believe, at the 
time he receives or obtains, or ngrees or attempts to receive or obtain 
it, that it has been or will be obtained, taken, made, or disposed of 
by any person contrary to the provisions of this chapter; or 

[Emphasis supplied.] 



229 



(d) Whoever, lawfully having possession of, access to, control 
oyer, or being entrusted with any document, writing, code book, 
signal book, sketch, photograph, photographic negative, blueprint, 
plan, map, model, instrument, appliance, or note relating to the 
national defense, or information relating to the national defense 
which information the possessor has reason to believe could be used 
to the injury of the United States or to the advantage of any for- 
eign nation, willfully communicates, delivers, transmits or causes to 
be communicated, delivered, or transmitted or attempts to communi- 
cate, deliver, transmit or cause to be communicated, delivered or 
transmitted the same to any person not entitled to receive it, or will- 
fully retains the same and fails to deliver it on demand to the officer 
or employee of the United States entitled to receive it ; or 

(e) Whoever having unauthorized possession of, access to, or con- 
trol over any document, writing, code book, signal book, sketch, pho- 
tograph, photographic negative, blueprint, plan, map, model, 
instrument, appliance, or note relating to the national defense, or 
information relating to the national defense which information the 
possessor has reason to believe could be used to the injury of the 
United States or to the advantage of any foreign nation, willfully 
communicates, delivers, transmits or causes to be communicated, 
delivered, or transmitted, or attempts to communicate, deliver, trans- 
mit or cause to be communicated, delivered, or transmitted the same 
to any person not entitled to receive it, or willfully retains the same 
and fails to deliver it to the officer or employee of the United States 
entitled to receive it; or 

(f) Whoever, being entrusted with or having lawful possession or 
control of any document, writing, code book, signal book, sketch, 
photograph, photographic negative, blueprint, plan, map, model, 
instrument, appliance, note, or information, relating to the national 
defense, (1) through gross negligence permits the same to be 
removed from its proper place of custody or delivered to anyone in 
violation of his trust, or to be lost, stolen, abstracted, or destroyed, 
or (2) having knowledge that the same has been illegally removed 
from its proper place of custody or delivered to anyone in violation 
of its trust, or lost, or stolen, abstracted, or destroyed, and fails to 
make prompt report of such loss, theft, abstraction, or destruction to 
his superior officer — 

Shall be fined not more than $10,000 or imprisoned not more than 
ten years, or both. 

(g) If two or more persons conspire to violate any of the forego- 
ing provisions of this section, and one or more of such persons do 
any act to effect the object of the conspiracy, each of the parties to 
such conspiracy shall be subject to the punishment provided for the 
offense which is the object of such conspiracy. (June 25, 1948, ch. 
645, 62 Stat. 736; Sept. 23, 1950, ch. 1024, title I, § 18, 64 Stat. 
1003.) 

— N O T E — 

Excerpt from House Rept. 30, 80tii Cong., 2d Sess. (1948) 

The committee, in framing the espionage title, have 
endeavored to avoid making innocent acts criminal and, 



230 



therefore, in Title I, sections 1 and 2, the criminality of the 
act is made to depend upon the knowledge, intent, or reason 
to believe that the information obtained or transmitted con- 
cerning our national defense is to be used to the injury of 
the United States. 

Section 3 of this title punishes an officer or trustee of our 
national defense secrets who willfully communicates such 
secrets to a person not lawfully entitled to receive them and 
punishes such person if he through gross negligence permits 
any document, etc., to be lost or stolen, etc. 

Section 4 of Title I gives the President the power, during 
national emergency resulting from a war to which the 
United States is a party, or from threat of such war, to 
proclaim the existence of such emergency, and thereupon by 
proclamation to prohibit the publishing or communicating 
of or the attempting to publish or communicate any infor- 
mation relating to national defense which, in his judgment, 
is of such character that it is or might be useful to the 
enemy. 

This section in the bill has been carefully and patiently 
considered by the committee. The committee realize that the 
section as recommended gives the President broad powers, 
but it must be admitted by all patriotic persons anxious for 
the success of our arms that in times like these through 
which we are now going it is important that the Com- 
mander in Chief shall have authority to prevent the publica- 
tion of national defense secrets, which would be useful to the 
enemy and, therefore, harmful to the United States. We 
feel confident that the President will not abuse this author- 
ity but will exercise it in the spirit in which it is given, by 
safeguarding the public welfare by preventing our vital na- 
tional defense secrets from falling into the hands of the 
enemy. We believe that the public and the newspaper world 
will heartily cooperate with the President and the Congress 
in attaining this worthy end. The proviso in this section is 
hardly necessary to be written into the bill, but for the pur- 
pose of assuring the public and the newspaper fraternity 
that nothing in the President's proclamation shall limit or 
restrict discussion, comment, or criticism of the acts or poli- 
cies of the Government or of its representatives the clause 
is inserted. 

Section 5 of Title I makes it a crime for any person to 
willfully convey false reports or statements with the intent 
to interfere with the operation or success of the military 
and naval forces of the United States, or to promote the 
success of the enemy, and for anyone in time of war to will- 
fully cause, or attempt to cause, insubordination, disloyalty, 
or refusal of duty in the military or naval forces. The com- 
mittee feels that no patriotic American will ever attempt 
willfully to violate the provisions of this section. 

[Emphasis supplied.] 



231 



The remaining sections of the title are self-explanatory 
and need not be elaborated upon in this report. The commit- 
tee feels that all the remaining sections of the amended bill 
are drawn with sufficient clearness to be self-explanatory, 
and the committee is confident that the House will realize 
the importance of the passage of each section of the amended 
bill, and therefore recommend that the bill as amended and 
reported herein be passed. 



18 U.S.C. 794. Gathering or delivering defense information to aid 

FOREIGN GOVERNMENT 

(a) Whoever, with intent or reason to believe that it is to be used 
to the injury of the United States or to the advantage of a foreign 
nation, communicates, delivers, or transmits, or attempts to commu- 
nicate, deliver, or transmit, to any foreign government, or to any 
faction or party or military or naval force within a foreign country, 
whether recognized or unrecognized by the United States, or to any 
representative, officer, agent, employe, subject, or citizen thereof, 
either directly or indirectly, any document, writing, code book, 
signal book, sketch, photograph, photographic negative, blueprint, 
plan, map, model, note, instrument, appliance, or information relat- 
ing to the national defense, shall be punished by death or by impris- 
onment for any term of years or for life. 

(b) Whoever, in time of war, with intent that the same shall be 
communicated to the enemy, collects, records, publishes, or communi- 
cates, or attempts to elicit any information with respect to the move- 
ment, numbers, description, condition, or disposition of any of the 
Armed Forces, ships, aircraft, or war materials of the United States, 
or with respect to the plans or conduct, or supposed plans or con- 
duct of any naval or military operations, or with respect to any 
works or measures undertaken for or connected with, or intended for 
the fortification or defense of any place, or any other information 
relating to the public defense, which might be useful to the enemy, 
shall be punished by death or by imprisonment for any term of 
years or for life. 

(c) If two or more persons conspire to violate this section, and 
one or more of such persons do any act to effect the object of the 
conspiracy, each of the parties to such conspiracy shall be subject to 
the punishment provided for the offense which is the object of such 
conspiracy. (June 25, 1948, ch. 645, 62 Stat. 737; Sept. 3, 1954, ch. 
1261, title II, § 201, 68 Stat. 1219.) 



18 U.S.C. 795. Photographing and sketching defense installations 

(a) Whenever, in the interests of national defense, the President 
defines certain vital military and naval installations or equipment as 

[Emphasis supplied.] 



232 



requiring protection against the general dissemination of informa- 
tion relative thereto, it shall be unlawful to make any photograph, 
sketch, picture, drawing, map, or graphical representation of such 
vital military and naval installations or equipment without first 
obtaining permission of the commanding officer of the military or 
naval post, camp, or station, or naval vessels, military and naval air- 
craft, and any separate military or naval command concerned, or 
higher authority, and promptly submitting the product obtained to 
such commanding officer or higher authority for censorship or such 
other action as he may deem necessary. 

(b) Whoever violates this section shall be fined not more than 
$1,000 or imprisoned not more than one year, or both. (June 25, 
1948, ch. 645, 62 Stat. 737.) 



18 U.S.C. 798. Disclosure of classified information 1 

(a) Whoever knowingly and willfully communicates, furnishes, 
transmits, or otherwise makes available to an unauthorized person, 
or publishes or uses in any manner prejudicial to the safety or in- 
terest of the United States or for the benefit of any foreign govern- 
ment to the detriment of the United States any classified informa- 
tion — 

(1) concerning the nature, preparation, or use of any code, 
cipher, or cryptographic system of the United States or any for- 
eign government ; or 

(2) concerning the design, construction, use, maintenance, or 
repair of any device, apparatus, or appliance used or prepared 
or planned for use by the United States or any foreign govern- 
ment for cryptographic or communication intelligence purposes ; 
or 

(3) concerning the communication intelligence activities of 
the United States or any foreign government ; or 

(4) obtained by the process of communication intelligence 
from the communications of any foreign government, knowing 
the same to have been obtained by such processes — 

Shall be fined not more than $10,000 or imprisoned not more than 
ten years, or both. 

(b) As used in subsection (a) of this section — 

The term "classified information" means information which, at the 
time of a violation of this section, is, for reasons of national secu- 
rity, specifically designated by a United States Government Agency 
for limited or restricted dissemination or distribution; 

The terms "code." "cipher," and "cryptographic system" include 
in their meanings, in addition to their usual meanings, any method 
of secret writing and any mechanical or electrical device or method 
used for the purpose of disguising or concealing the contents, signif- 
icance, or meanings of communications; 



1 So enacted. See second section 798 enacted on Oct 31, 1951, set out below. 
[Emphasis supplied.] 



233 



The term "foreign government" includes in its meaning any 
person or persons acting or purporting to act for or on behalf of 
any faction, party, department, agency, bureau, or military force of 
or within a foreign country, or for or on behalf of any government 
or any person or persons purporting to act as a government within a 
foreign country, whether or not such government is recognized by 
the United States ; 

The term "communication intelligence" means all procedures and 
methods used in the interception of communications and the obtain- 
ing of information from such communications by other than the 
intended recipients; 

The term "unauthorized person" means any person who, or agency 
which, is not authorized to receive information of the categories set 
forth in subsection (a) of this section, by the President, or by the 
head of a department or agency of the United States Government 
which is expressly designated by the President to engage in commu- 
nication intelligence activities for the United States. 

(c) Nothing in this section shall prohibit the furnishing, upon 
lawful demand, of information to any regularly constituted commit- 
tee of the Senate or House of Representatives of the United States 
of America, or joint committee thereof. (Added Oct. 31, 1951, ch. 
655, §24 (a), 65 Stat, 719.) 



18 U.S.C. 798. Temporary extension of section 794 1 

The provisions of section 794 of this title, as amended and 
extended by section 1 (a) (29) of the Emergency Powers Continua- 
tion Act (66 Stat. 333), as further amended by Public Law 12, 
Eighty-third Congress, in addition to coming into full force and 
effect in time of war shall remain in full force and effect until six 
months after the termination of the national emergency proclaimed 
by the President on December 16, 1950 (Proc. 2912, 3 C.F.E., 1950 
Supp., p. 71), or such earlier date as may be prescribed by concur- 
rent resolution of the Congress, and acts which would give rise to 
legal consequences and penalties under section 794 when performed 
during a state of war shall give rise to the same legal consequences 
and penalties when they are performed during the period above pro- 
vided for. (Added June 30, 1953, ch. 175, § 4, 67 Stat. 133.) 

— N O T E — 

Excerpt From Senate Kept. Ill, 81st Cong., 2d Sess. (1950) 

purpose of the bill 

The purpose of this bill, as amended, is to prevent the rev- 
elation of important information about the United States 
communication intelligence activities and United States 



* So enacted. See first section 798 enacted on June 30, 1953, set out below. 
[Emphasis supplied.] 



234 



codes and ciphers by persons who disclose such information 
without proper authority, and to prescribe penalties to those 
knowingly and willfully revealing such information. . . . 
******* 
At present two other acts protect this information, but only 
in a limited way. These are the Espionage Act of 1917 (40 
Stat. 217) and the act of June 10, 1933 (48 Stat. 122). Under 
the first, unauthorized revelation on information of this kind 
can be penalized only if it can be proved that the person mak- 
ing the revelation did so with an intent to injure the United 
States. Under the second, only diplomatic codes and mes- 
sages transmitted in diplomatic codes are protected. The 
present bill is designed to protect against knowing and will- 
ful publication or any other revelation of all important in- 
formation affecting United States communication intelligence 
operations and all direct information about all United States 
codes and ciphers. 



18 U.S.C. 963. Detention of armed vessel 

(a) During a war in which the United States is a neutral nation, 
the President, or any person authorized by him, may detain any 
armed vessel owned wholly or in part by citizens of the United 
States, or any vessel, domestic or foreign (other than one which has 
entered the ports of the United States as a public vessel), which is 
manifestly built for warlike purposes or has been converted or 
adapted from a private vessel to one suitable for warlike use, until 
the owner or master, or person having charge of such vessel, shall 
furnish proof satisfactory to the President, or to the person duly 
authorized by him, that the vessel will not be employed to cruise 
against or commit or attempt to commit hostilities upon the subjects, 
citizens, or property of any foreign prince or state, or of any colony, 
district, or people with which the United States is at peace, and that 
the said vessel will not be sold or delivered to any belligerent nation, 
or to an agent, officer, or citizen of such nation, by them or any of 
them, within the jurisdiction of the United States, or upon the nigh 
seas. 

(b) Whoever, in violation of this section takes, or attempts to 
take, or authorizes the taking of any such vessel, out of port or from 
the United States, shall be fined not more than $10,000 or impris- 
oned not more than ten years, or both. 

In addition, such vessel, her tackle, apparel, furniture, equipment, 
and her cargo shall be forfeited to the United States. (June 25, 1948, 
ch. 645, 62 Stat. 746.) 

— N O T E — 

Excerpt from Senate Rept. 598, 80th Cong., 2d Sess. (1948) 

The Committee on Naval Affairs, to whom was referred 
the bill (S. 1398) to amend the act entitled "An act to 
punish acts of interference with the foreign relations, the 

[Emphasis supplied.] 



235 



neutrality, and the foreign commerce of the United States, 
to punish espionage, and better to enforce the criminal laws 
of the United States, and for other purposes," approved 
June 15, 1917, as amended, to increase the penalties for 
peacetime violations of such act, having considered the 
same, report favorably thereon without amendment, and 
with the recommendation that the bill do pass. 

THE PURPOSE OF THE BILL 

This measure is intended to remedy an obvious, and at 
the present time somewhat startling, defect in the Federal 
statute relating to espionage. With complaints and overt 
acts in this field increasing rapidly, and out of proportion 
to other offenses against the Federal Government, it seems 
clear that if our National Defense preparations are to be 
adequately protected, we must not only augment the Fed- 
eral personnel assigned to this type of offense, but 
strengthen the Government's hand further by increasing the 
penalties for peacetime espionage. 

JUSTIFICATION FOE THE BILL 

Under present practice, the Federal Bureau of Investiga- 
tion has been given the responsibility for all civilian coun- 
terespionage work in the United States and its possessions. 
J. Edgar Hoover, Director of this Bureau, testifying before 
the House Committee on Appropriations on April 27, 1939, 
informed the committee that as of April 1, 1939, 164 espio- 
nage cases then awaiting investigation were unassigned 
because of personnel deficiencies. He testified further : 

In regard to espionage, I would like to point out to the committee 
that in the 5 years preceding 1938 there was an average of 35 
espionage cases per year. In 1938 there were 634 such cases. That 
is an increase of 599 cases over the previous year. With our present 
personnel, it is not possible to give prompt attention to these cases. 

We estimate that for 1939, going at the rate we are going now, we 
will have 772 such cases, as against 634 last year. 

As you probably know, all the investigations of foreign agents 
engaged in espionage work within the United States and its Terri- 
tories is carried on by the Federal Bureau of Investigation ; the 
Military Intelligence Division, and the Navy Intelligence Division 
have requested us to handle all of that civilian work. 

We have been requested by the War Department and the Navy 
Department to establish offices in Puerto Rico, Hawaii, and Alaska, 
in addition to stations in the Panama Canal Zone and in the Philip- 
pines. We have not acceded to these requests. Even if this appropria- 
tion is granted it is doubtful that we can accede to them. 

It is not the function of this committee to deal with the 
personnel problem, and that will be ameliorated to some 
extent, in any event, by currently authorized increases in 
the appropriation for the Federal Bureau of Investigation. 
It is self-evident, however, that even a substantial increase 
in the number of Government agents assigned to espionage 
cases will hardly solve the major problem and protect the 



236 



national interest unless, as a corollary, the espionage law 
itself is strengthened. As new war vessels are built, our air- 
craft industry expanded, naval bases enlarged, and our mil- 
itary and naval outposts developed in response to the 
requirements of the national defense, and as our industrial 
machine assumes its share of the defense load, it has become 
apparent, in many ways that other nations, some of them 
potential enemies of the United States, are sending increas- 
ing numbers of spies to our shores in an effort to learn our 
military secrets and, if possible, interfere, with our defense 
preparations. It will be futile to run down those responsible 
for these, activities, arrest and prosecute the offenders, and 
develop a comprehensive counterespionage organization of 
our own if these enemies are to be allowed to escape, if 
caught, with a fine or relatively short term in prison. 

As a single illustration of the contrast between our own 
espionage statute and the prevailing practice in Japan, the 
present Federal law permits persons committing five types 
of serious offenses against the national defense to escape 
with a fine, a relatively short prison sentence being left to 
the discretion of the court, whereas for lesser offenses in 
Japan the committee is informed that the penalty is 20 
years in prison. 

There is widespread evidence of foreign espionage not 
only in Hawaii, Puerto Rico, the Canal Zone, and the 
Pacific Coast but on the Atlantic coast in the Gulf States as 
well. The number of aircraft disasters, attempts at sabotage, 
reports of damage done to war vessels, and the results of 
numerous investigations hitherto concluded not only support 
the statement that espionage activities are not only increas- 
ing rapidly, but that the present penalties are wholly inade- 
quate as a check on these activities. 

Judge John C. Knox, of the United States District Court 
in New York, reminded the several defendants convicted of 
espionage activities in that area recently that they were 
receiving the "mercy of a democracy," as contrasted with 
the penalties visited on spies apprehended in Germany. 

Under all the circumstances, there can be no justification 
for permitting alien enemies engaged in attempts to under- 
mine the national defense to escape with a fine or a prision 
term of a year or two. The fact that we live in a free coun- 
try and are not in the habit of "liquidating" those we sus- 
pect of disloyalty or of activities in behalf of foreign gov- 
ernments does not relieve us of the responsibility of 
protecting our military secrets and making it unprofitable 
for those who would steal them, or damage or destroy mili- 
tary weapons or industrial plants engaged in their "manu- 
facture to carry on their activities in this country. In 
emphasis, it is only necessary to recall that for conspiracy 
to transmit secret information to Japanese agents, former 
Commander John S. Farnsworth of the Navy received a 



237 



sentence of from 4 to 12 years, which with good behavior 
will let him out in perhaps 3 years. 

We cannot go on in this manner if we are to prepare the 
United States to defend itself against those who covet our 
territory or our wealth. 



18 U.S.C. 967. Departure of vessel forbidden in Am of neutrality 

(a) During a war in which the United States is a neutral nation, 
the President, or any person authorized by him, may withhold clear- 
ance from or to any vessel, domestic or foreign, or, by service of 
formal notice upon the owner, master, or person in command or in 
charge of any domestic vessel not required to secure clearances, may 
forbid its departure from port or from the United States, whenever 
there is reasonable cause to believe that such vessel is about to carry 
fuel, arms, ammunition, men, supplies, dispatches, or information to 
any warship, tender, or supply ship of a foreign belligerent nation 
in violation of the laws, treaties, or obligations of the United States 
under the law of nations. It shall thereupon be unlawful for such 
vessel to depart. 

(b) Whoever, in violation of this section, takes or attempts to 
take, or authorizes the taking of any such vessel, out of port or from 
the United States, shall be fined not more than $10,000 or impris- 
oned not more than ten years, or both. In addition, such vessel, her 
tackle, apparel, furniture, equipment, and her cargo shall be for- 
feited to the United States. (June 25, 1948, ch. 645, 62 Stat. 748.) 

[See 18 U.S.C. 963 (S. Rept. 598). Supra.] 



18 U.S.C. 1383. Restrictions in military areas and zones 

Whoever, contrary to the restrictions applicable thereto, enters, 
remains in, leaves, or commits any act in any military area or military 
zone prescribed under the authority of an Executive order of the Presi- 
dent, by the Secretary of the Army, or by any military commander 
designated by the Secretary of the A rmy, shall, if it appears that he 
knew or should have known of the existence and extent of the restric- 
tions or order and that his act was in violation thereof, be fined not 
more than $5,000 or imprisoned not more than one year, or both. (June 
25, 1948, ch. 645, 62 Stat. 765.) 



18 U.S.C. 2153. Destruction of war material, war premises, or war 
utilities 

(a) Whoever, when the United States is at war, or in times of 
national emergency as declared by the President or the Congress, 
with intent to injure, interfere with, or obstruct the United States or 

[Emphasis supplied.] 



24-509 O - 73 - 17 



238 



any associated nation in preparing for or carrying on the war or 
defense activities, or, with reason to believe that his act may injure, 
interfere with, or obstruct the United States or any associate nation 
in preparing for or carrying on the war or defense activities, will- 
fully injuries, destroys, contaminates or infects, or attempts to so 
injure, destroy, contaminate or infect any war material, war prem- 
ises, or war utilities, shall be fined not more than $10,000 or impris- 
oned not more than thirty years, or both. 

(b) If two or more persons conspire to violate this section, and 
one or more of such persons do any act to effect the object of the 
conspiracy, each of the parties to such conspiracy shall be punished 
as provided in subsection (a) of this section. (June 25, 1948, ch. 645, 
62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, 
ch. 1261, title I, § 102, 68 Stat. 1217.) 



18 U.S.C. 2154. Production of detective wak material, war premises, 
or war trnLrrrES 

(a) Whoever, when the United States is at war, or in times of 
national emergency as declared by the President or by the Congress, 
with intent to injure, interfere with, or obstruct the United States or 
any associate nation in preparing for or carrying on the war or 
defense activities, or, with reason to believe that his act may injure, 
interfere with, or obstruct the United States or any associate nation 
in preparing for or carrying on the war or defense activities, will- 
fully makes, constructs, or causes to be made or constructed in a 
defective manner, or attempts to make, construct, or cause to be 
made or constructed in a defective manner any war material, war 
premises or war utilities, or any tool, implement, machine, utensil, or 
receptacle used or employed in making, producing, manufacturing, 
or repairing any such war material, war premises or war utilities, 
shall be fined not more than $10,000 or imprisoned not more than 
thirty years, or both. 

(b) If two or more persons conspire to violate this section, and 
one or more of such persons do any act to effect the object of the 
conspiracy, each of the parties to such conspiracy shall be punished 
as provided in subsection (a) of this section. (June 25, 1948, ch. 645, 
62 Stat. 799; June 30, 1953, ch. 175, § 2, 67 Stat. 133; Sept. 3, 1954, 
ch. 1261, title I, § 103, 68 Stat. 1218.) 



18 U.S.C. 2157. Temporary extension of sections 2153 and 2154 

(a) The provisions of sections 2153 and 2154 of this title, as 
amended and extended by section 1 (a) (29) of the Emergency 
Powers Continuation Act (66 Stat. 333), as further amended by 
Public Law 12, Eighty-third Congress, in addition to coming into 
full force and effect in time of war shall remain in full force and 
effect until six months after the termination of the national emer- 



[Emphasis supplied.] 



239 



gency proclaimed by the President on December 16, 1950 (Proc. 
2912, 3 C. F. E., 1950 Supp., p. 71), or such earlier date as may be 
prescribed by concurrent resolution of the Congress, and acts which 
would give rise to legal consequences and penalities under any of 
these provisions when performed during a state of war shall give 
rise to the same legal consequences and penalties when they are per- 
formed during the period above provided for. 

(b) Effective in each case for the period above provided for, title 
18, United States Code, section 2151, is amended by inserting the 
words "or defense activities" immediately before the period at the 
end of the definition of "war material", and said sections 2153 and 
2154 are amended by inserting the words "or defense activities" 
immediately after the words "carrying on the war" wherever they 
appear therein. (Added June 30, 1953, ch. 175, § 2, 67 Stat. 133.) 

—NOTE— 

Excerpt From Senate Reft. 409, 83d Cong., 1st Sess. (1953) 

The general purpose of the bill here reported is to further 
extend the wartime effectiveness of the provisions of the 
Emergency Powers Continuation Act until 6 months after 
the termination of the existing national emergency pro- 
claimed December 16, 1950. 



18 U.S.C. 2391. Temporary extension or section 2388 

The provisions of section 2388 of this title, as amended and 
extended by section 1 (a) (29) of the Emergency Powers Continua- 
tion Act (66 Stat. 333), as further amended by Public Law 12, 
Eighty-third Congress, in addition to coming into full force and 
effect in time of war shall remain in full force and effect until six 
months after the termination of the national emergency proclaimed 
by the President on December 16, 1950 (Proc. 2912, 3 C. F. R., 1950 
Supp., p. 71), or such earlier date as may be prescribed by concur- 
rent resolution of the Congress, and acts which would give rise to 
legal consequences and penalties under section 2388 when performed 
during a state of war shall give rise to the same legal consequences 
and penalties when they are performed during the period above pro- 
vided for. (Added June 30, 1953, ch. 175, § 6, 67 Stat. 134.) 

— N 0 T E — 

Excerpt From Senate Reft. 409, 83d Cong., 1st Sess. (1953) 

the need for this legislation 

The committee is of the opinion that while the United 
States is not presently in a state of war, the existing national 
emergency proclaimed by the President and the promotion of 

[Emphasis supplied.] 



240 



the program for expansion of our Military Establishment, as 
well as the prosecution of the Korean conflict, demand the 
continuation of the wartime effectiveness of the present law. 
Indeed, it has become increasingly apparent in recent years 
that the commission of acts of espionage during a period of 
national emergency, but when our country is not in a declared 
state of war, can be just as harmful to our Nation, and con- 
ceivably even more catastrophic, as when committed in war- 
time, when we are on guard for any attack. 



18 U.S.C. 2511. Interception and disclosure of wire or oral 

COMMUNICATIONS PROHIBITED 

(1) Except as otherwise specifically provided in this chapter any 
person who — 

(a) willfully intercepts, endeavors to intercept, or procures any 
other person to intercept or endeavor to intercept, any wire or oral 
communication ; 

(b) willfully uses, endeavors to use, or procures any other person 
to use or endeavor to use any States Code, to intercept a wire, com- 
munication, or oral communication transmitted by radio, or to dis- 
close or use the information thereby obtained. 

(c) It shall not be unlawful under this chapter for a person 
acting under color of law to intercept a wire or oral communication, 
where such person is a party to the communication or one of the 
parties to the communication has given prior consent to such inter- 
ception. 

(d) It shall not be unlawful under this chapter for a person not 
acting under color of law to intercept a wire or oral communication 
where such person is a party to the communication or where one of 
the parties to the communication has given prior consent to such 
interception unless such communication is intercepted for the pur- 
pose of committing any criminal or tortious act in violation of the 
Constitution or laws of the United States or of any State or for the 
purpose of committing any other injurious act. 

(3) Nothing contained in this chapter or in section 605 of the 
Communications Act of 1934 (48 Stat. 1143; 47 U.S.C. 605) shall 
limit the constitutional power of the President to take such measures 
as he deems necessary to protect the Nation against actual or poten- 
tial attack or other hostile acts of a foreign power, to obtain foreign 
intelligence information deemed essential to the security of the 
United States, or to protect national security information against 
foreign intelligence activities. Nor shall anything contained in this 
chapter be deemed to limit the constitutional power of the President 
to take such measures as he deems necessary to protect the United 
States against the overthrow of the Government by force or other 
unlawful means, or against any other clear and present danger to 
the structure or existence of the Government. The contents of any 

[Emphasis supplied.] 



241 



wire or oral communication intercepted by authority of the Presi- 
dent in the exercise of the foregoing powers may be received in evi- 
dence in any trial hearing, or other proceeding only where such 
interception was reasonable, and shall not be otherwise used or dis- 
closed except as is necessary to implement that power. (Added Pub. 
L. 90-351, title III, § 802, June 19, 1968, 82 Stat. 213, and amended 
Pub. L. 91-358, title II, § 211(a), July 29, 1970, 84 Stat. 654.) 

— N O T E — 

Excerpt from 114 Cong. Rec. 14469 (Mat 22, 1968) 
Omnibus Crime Control and Safe Streets Act of 1967 

The Senate resumed the consideration of the bill (S. 917) to assist State 
and local governments in reducing the incidence of crime, to increase the effec- 
tiveness, fairness, and coordination of law enforcement and criminal justice 
systems at all levels of government, and for other purposes. 

Mr. McClellan. Mr. President, before proceeding to the amendments to title III, 
I should like to give a brief history of this legislation and a short statement of 
what it intends to accomplish. 

Title III is essentially a combination of S. 675, the Federal Wire Intercep- 
tion Act, which I introduced on January 25, 1967, and S. 2050, the Electronic 
Surveillance Control Act of 1967, introduced by Senator Hbtjska on June 29, 
1967. 

Subsequent to the introduction of S. 675, the U.S. Supreme Court, on June 
12, 1967, handed down the decision in Berger v. New York, 388 U.S. 41, which 
declared unconstitutional the New York State statute authorizing electronic 
eavesdropping, bugging, by law-enforcement officers in investigating certain 
types of crimes. The Court held that the New York statute, on its face, failed 
to meet certain constitutional standards. In the course of the opinion, the 
Court delineated the constitutional criteria that electronic surveillance legisla- 
tion should contain. Title III was drafted to meet these standards and to con- 
form with Katz v. United States, 389 U.S. 347 (1967). 

Title III has as its dual purpose, first, protecting the privacy of wire and 
oral communications ; and second, delineating on a uniform baeis the circum- 
stances and conditions under which the interception of wire and oral communi- 
cations may be authorized. To assure the privacy of oral and wire communica- 
tions, title III prohibits all wiretapping and electronic surveillance by persons 
other than duly authorized law enforcement officers engaged in the investiga- 
tion or prevention of specified types of serious crimes, and only after authori- 
zation of a court order obtained after a showing and finding of probable cause. 
The only exceptions to the above prohibition are, first, the power of the Presi- 
dent to obtain information by such means as he may deem necessary to protect 
the Nation from attack or hostile acts of a foreign power, to obtain 
intelligence information essential to the Nation's security, and to protect the 
internal security of the United States from those who advocate its overthrow 
by force or other unlawful means ; second, employees of the Federal Communi- 
cations Commission may, in the normal course of employment, intercept and 
disclose wire communications in the discharge of the monitoring responsibil- 
ities discharged by the Commission in the enforcement of chapter 5 of title 47 
of the United States Code ; and third, employees of a communication common 
carrier may intercept and disclose wire communications in the normal course 
of their employment while engaged in any activity necessary to the rendition 
of service, or protection of the rights or property of the carrier of such 
communication. 

Mr. President, in drafting this legislation, we have been most careful to 
include every possible constitutional safeguard for the righte of individual pri- 
vacy while, at the same time, drafting a bill under which law-enforcement 



242 



officers could use electronic surveillance techniques to effectively combat orga- 
nized crime. 

Legislation containing the safeguards and meeting the constitutional stand- 
ards set out in title III, which grants to law enforcement officers authority to 
use electronic surveillance techniques in the investigation of major crimes and 
upon obtaining a court order has been endorsed by the following groups and 
organizations : 

The President's Commission on Law Enforcement and Administration of 
Justice. 

The Judicial Conference of the United States. 
National Association of Attorneys General. 
National District Attorneys Association. 
Association of Federal Investigators. 
The National Council on Crime and Delinquency. 

Mr. President, it has also been endorsed by many others. I shall not take 
the time to list all of them, but by way of emphasis I may say that this char- 
acter of legislation has been recommended by every Attorney General since 
1931, excepting the present Attorney General. 

Mr. President, I simply want to add that the Federal Government, through 
its Department of Justice, takes the position that this character of evidence 
and this method of attaining evidence of crime is necessary, that it is essen- 
tial, and that it is indispensable with respect to maintaining our national secu- 
rity. This bill grants the President the right to wiretap and to use electronic 
surveillances without obtaining an order of court 

Now, Mr. President, if such techniques and procedures are necessary to pro- 
tect our Government from any danger that threatens from without, from 
another country, surely it is also justified in the protection of our country in 
the proper use against the crime wave that is sweeping this Nation today, 
which is, with all of its force and potentials, a great danger to our internal 
security. 

The greatest danger to America today is not from without; the greatest 
danger to America at this hour is the lawlessness, the violence, and the orga- 
nized syndicated crime that prevails within. 

This title of the bill seeks to give to our law enforcement agencies a weapon 
that is essential, that is necessary, and the use of which against organized 
crime is becoming more imperative as each day passes. If we have this weapon 
we can wage a successful war against crime— particularly organized crime. 



18 U.S.C. 3287. Wartime suspension of limitations 

When the United States is at war the running of any statute of 
limitations applicable to any offense (1) involving fraud or 
attempted fraud against the United States or any agency thereof in 
any manner, whether by conspiracy or not, or (2) committed in 
connection with the acquisition, care, handling, custody, control or 
disposition of any real or personal property of the United States, or 
(3) committed in connection with the negotiation, procurement, 
award, performance, payment for, interim financing, cancelation, or 
other termination or settlement, of any contract, subcontract, or pur- 
chase order which is connected with or related to the prosecution of 
the war, or with any disposition of termination inventory by any 
war contractor or Government agency, shall be suspended wntU, three 
years after the termination of hostilities as proclaimed by the Presi- 
dent or by a concurrent resolution of Congress. 

Definitions of terms in section 103 of title 41 shall apply to simi- 
lar terms used in this section. (June 25, 1948, ch. 645, 62 Stat. 828.) 

[Emphasis supplied.] 



243 



—NOTE— 

Excerpt from House Reft. 304, 80th Cong., 1st Sess. (1947) 

The phrase "when the United States is at war" was 
inserted at the beginning of this section to make it perma- 
nent instead of temporary legislation, and to obviate the 
necessity of reenacting such legislation in the future. This 
permitted the elimination of references to dates and to the 
provision limiting the application of the section to transac- 
tions not yet fully barred. When the provisions of the War 
Contract Settlements Act of 1944, upon which this section 
is based, are considered in connection with said section 590a 
which it amends, it is obvious that no purpose can be served 
now by the provisions omitted. 

—NOTE— 

Excerpt from Senate Rept. 836, 78th Cong., 2d Sess. (1944) 

The need for protecting the Government against the 
waste of funds and fraud is equally clear, and S. 1718 as 
amended fully protects the Government in the following 
manner : 

(1) The full responsibility for settling terminated war con- 
tracts has been placed squarely upon the shoulders of the con- 
tracting agencies and they cannot escape that responsibility. 
The contracting agencies who made the contracts, are familiar 
with the contracts, and any attempt to let them escape their 
responsibility of properly settling such contracts in case of 
termination must be avoided. 



Title 19 — Customs Duties 



19 U.S.C. 1318. Emergencies 

Whenever the President shall by proclamation declare an emer- 
gency to exist by reason of a state of war, or otherwise, he may 
authorize the Secretary of the Treasury to extend during the contin- 
uance of such emergency the time herein prescribed for the perform- 
ance of any act, and may authorize the Secretary of the Treasury to 
permit, under such regulations as the Secretary of the Treasury may 
prescribe, the importation free of duty of food, clothing, and medi- 
cal, surgical, and other supplies for use in emergency relief work. 
The Secretary of the Treasury shall report to the Congress any 
action taken under the provisions of this section. (June 17, 1930, ch. 
497, title III, § 318, 46 Stat. 696.) 

[Emphasis supplied.] 



244 



19 U.S.C. 1351. Foreign trade agreements 

(a) Authority of President; modification and decrease of duties; 
altering import restrictions. 

(1) For the purpose of expanding foreign markets for the prod- 
ucts of the United States (as a means of assisting in establishing 
and maintaining a better relationship among various branches of 
American agriculture, industry, mining, and commerce) by regulat- 
ing the admission of foreign goods into the United States in accord- 
ance with the characteristics and needs of various branches of Amer- 
ican production so that foreign markets will be made available to 
those branches of American production which require and are capa- 
ble of developing such outlets by affording corresponding market 
opportunities for foreign products in the United States, the Presi- 
dent, whenever he finds as a fact that any existing duties or other 
imnort restrictions of the United States or any foreign country are 
unduly burdening and restricting the foreign trade of the United 
States and that the purpose above declared will be promoted by the 
means hereinafter specified, is authorized from time to time — 

(A) To enter into foreign trade agreements with foreign gov- 
ernments or instrumentalities there: Provided, That the enact- 
ment of the Trade Agreements Extension Act of 1955 shall not 
be construed to determine or indicate the approval or disap- 
proval by the Congress of the executive agreement known as the 
General Agreement on Tariffs and Trade. 

(B) To proclaim such modifications of existing duties and 
other import restrictions, or such additional import restrictions, 
or such continuance, and for such minimum periods, of existing 
customs or excise treatment of any article covered by foreign 
trade, agreements, as are required or appropriate to carrv out 
anv foreign trade agreement that the President has entered into 
hereunder. 

(2) No proclamation pursuant to paragraph (1) (B) of this 
subsection shall be made — 

(A) Increasing by more than 50 per centum any rate of duty 
existing on Jnlv 1, 1934; excent that a specific rate of duty 
existing on .Tulv 1. 1934, may be converted to its ad valorem 
equivalent based on the value of imports of the article con- 
cerned during the calendar vear 1934 (determined in the same 
manner as provided in subparagraph (D)(ii)) and the procla- 
mation may provide an ad valorem rate of duty not in excess of 
50 per centum above such ad valorem equivalent. 

(B) Transferring any article between the dutiable and free 
lists. 

(C) In order to carry out a foreign trade agreement entered 
into by the President before June 12, 1955, or with respect to 
which notice of intention to negotiate was published in the Fed- 
eral Register on November 16, 1954, decreasing by more than 50 
per centum any rate of duty existing on January 1, 1945. 

(D) In order to carry out a foreign trade agreement entered 
into by the President on or after June 12, 1955, and before July 

[Emphasis supplied.] 



245 



1, 1958, decreasing (except as provided in subparagraph (C) of 
this paragraph) any rate of duty below the lowest of the fol- 
lowing rates : 

(i) The rate 15 per centum below the rate existing on 
January 1, 1955. 

(ii) In the case of any article subject to an ad valorem 
rate of duty above 50 per centum (or a combination of ad 
valorem rates aggregating more than 50 per centum), the 
rate 50 per centum ad valorem (or a combination of ad 
valorem rates aggregating 50 per centum). In the case of 
any article subject to a specific rate of duty (or a combina- 
tion of rates including a specific rate) the ad valorem equiv- 
alent of which has been determined by the President to 
have been above 50 per centum during a period determined 
by the President to be a representative period, the rate 50 
per centum ad valorem or the rate (or a combination of 
rates), however stated, the ad valorem equivalent of which 
the President determines would have been 50 per centum 
during such period. The standards of valuation contained in 
section 1401a or 1402 of this title (as in effect, with respect 
to the article concerned, during the representative period) 
shall be utilized by the President, to the maximum extent 
he finds such utilization practicable, in making the determi- 
nations under the preceding sentence. 

(E) In order to carry out a foreign trade agreement entered 
into by the President on or after July 1, 1958, decreasing any 
rate of duty below the lowest of the rates provided for in para- 
graph (4) (A) of this subsection. 
(3) (A) Subiect to the provisions of subparagraphs (B) and (C) 
of this paragraph and of subparagraph (B) of paragraph (4) of 
this subsection, the provisions of any proclamation made under par- 
agraph (1) (B) of this subsection, and the provisions of any procla- 
mation of suspension under paragraph (5) of this subsection, shall be 
in effect from and after such time as is specified in the proclamation. 

(B) In the case of any decrease in duty to which paragraph (2) 
(D) of this subsection applies — 

(i) if the total amount of the decrease under the foreign 
trade agreement does not exceed 15 per centum of the rate exist- 
ing on January 1, 1955, the amount of decrease becoming ini- 
tially effective at one time shnll not exceed 5 per centum of the 
rate existing on January 1, 1955 ; 

(ii) except as provided in clause (i), not more than one-third 
of the total amount of the decrease under the foreign trade 
agreement shall become initially effective at one time; and 

(iii) no part of the decrease after the first part shall become 
initially effective until the immediately previous part shall have 
been in effect for a period or periods aggregating not less than 
one year. 

(C) No part of any decrease in duty to which the alternative 
specified in paragraph (2) (D) (i) of this subsection applies shall 
become initially effective after the expiration of the three-year 



246 



period which begins on July 1, 1955. If any part of such decrease 
has become effective, then for purposes of this subparagraph any 
time thereafter during which such part of the decrease is not in 
effect by reason of legislation of the United States or action thereun- 
der shall be excluded in determining when the three-year period 
expires. 

(D) If (in order to carry out a foreign trade agreement entered 
into by the President on or after June 12, 1955) the President deter- 
mines that such action will simplify the computation of the amount 
of duty imposed with respect to an article, he may exceed any limi- 
tation specified in paragraph (2) (C) or (D) or paragraph (4) (A) 
or (B) of this subsection or subparagraph (B) of this paragraph by 
not more than whichever of the following is lesser : 

(i) The difference between the limitation and the next lower 
whole number, or 

(ii) One-half of 1 per centum ad valorem. 

In the case of a specific rate (or of a combination of rates which 
includes a specific rate), the one-half of 1 per centum specified in 
clause (ii) of the preceding sentence shall be determined in the same 
manner as the ad valorem equivalent of rates not stated wholly in 
ad valorem terms is determined for the purposes of paragraph (2) 
(D) (ii) of this subsection. 

(4) (A) No proclamation pursuant to paragraph (1) (B) of this 
subsection shall be made, in order to carry out a foreign trade agree- 
ment entered into by the President on or after July 1, 1958, decreas- 
ing any rate of duty below the lowest of the following rates : 

(i) The rate which would result from decreasing the rate 
existing on July 1, 1958, by 20 per centum of such rate. 

(ii) Subject to paragraph (2) (B) of this subsection, the rate 
2 per centum ad valorem below the rate existing on July 1, 
1958. J 

(iii) The rate 50 per centum ad valorem or, in the case of 
any article subject to a specific rate of duty or to a combination 
of rates including a specific rate, any rate (or combination of 
rates), however stated, the ad valorem equivalent of which has 
been determined as 50 per centum ad valorem. 

The provisions of clauses (ii) and (iii) of this subparagraph and of 
subparagraph (B) (ii) of this paragraph shall, in the case of any 
article, subject to a combination of ad valorem rates of duty, apply 
to the aggregate of such rates; and, in the case of any article, sub- 
ject to a specific rate of duty or to a combination of rates including 
a specific rate, such provisions shall apply on the basis of the ad 
valorem equivalent of such rate or rates, during a representative 
period (whether or not such period includes July 1, 1958), deter- 
mined in the same manner as the ad valorem equivalent of rates not 
stated wholly in ad valorem terms is determined for the purpose of 
paragraph (2)(D)(ii) of this subsection. 

(B) (i) In the case of any decrease in duty to which clause (i) of 
subparagraph (A) of this paragraph applies, such decrease shall 
become initially effective in not more than four annual stages and 
no amount of decrease becoming initially effective at one time shall 



247 



exceed 10 per centum of the rate of duty existing on July 1, 1958, 
or, in any case in which the rate has been increased since that date, 
exceed such 10 per centum or one-third of the total amount of the 
decrease under the foreign trade agreement, whichever is the 
greater. 

(ii) In the case of any decrease in duty to which clause (ii) of 
subparagraph (A) of this paragraph applies, such decrease shall 
become initially effective in not more than four annual stages, and 
no amount of decrease becoming initially effective at one time shall 
exceed 1 per centum ad valorem or, in any case in which the rate has 
been increased since July 1, 1958, exceed such 1 per centum or one- 
third of the total amount of the decrease under the foreign trade 
agreement, whichever is the greater. 

(iii) In the case of any decrease in duty to which clause (iii) of 
subparagraph (A) of this paragraph applies, such decrease shall 
become initially effective in not more than four annual stages, and 
no amount of decrease becoming initially effective at one time shall 
exceed one-third of the total amount of the decrease under the for- 
eign trade agreement. 

(C) In the case of any decrease in duty to which subparagraph 
(A) of this paragraph applies (i) no part of a decrease after the 
first part shall become initially effective until the immediately pre- 
vious part shall have been in effect for a period or periods aggregat- 
ing not less than one year, nor after the first part shall have been in 
effect for a period or periods aggregating more than three years, 
and (ii) no part of a decrease shall become initially effective after 
the expiration of the four-year period which begins on July 1, 1962. 
If any part of a decrease has become effective, then for the purposes 
of clauses (i) and (ii) of the preceding sentence any time thereafter 
during which such part of the decrease is not in effect by reason of 
legislation of the United States or action thereunder shall be 
excluded in determining when the three-year period or the four-year 
period, as the case may be, expires. 

(5) Repealed. Pub. L. 87-794, title II, § 257(b), Oct. 11, 1962, 76 
Stat. 882. 

(6) The President may at any time terminate, in whole or in fart, 
any 'proclamation made pursuant to this section. 

(b) Cuba; preferential customs treatment; decrease of rates. 

Nothing in this section or the Trade Expansion Act of 1962 shall 
be construed to prevent the application, with respect to rates of duty 
established under this section or the Trade Expansion Act of 1962 
pursuant to agreements with countries other than Cuba, of the pro- 
visions of the treaty of commercial reciprocity concluded between 
the United States and the Republic of Cuba on December 11, 1902, 
or to preclude giving effect to an agreement with Cuba concluded 
under this section or the Trade Expansion Act of 1962, modifying 
the existing preferential customs treatment of any article the 
growth, produce, or manufacture of Cuba. Nothing in this chapter 
or the Trade Expansion Act of 1962 shall be construed to preclude 
the application to any product of Cuba (including products prefer- 

[Empbasis supplied.] 



248 



entially free of duty) of a rate of duty not higher than the rate 
applicable to the like products of other foreign countries (except the 
Philippines), whether or not the application of such rate involves 
any preferential customs treatment. No rate of duty on products of 
Cuba shall be decreased — 

(1) In order to carry out a foreign trade agreement entered 
into by the President before June 12, 1955, by more than 50 per 
centum of the rate of duty existing on January 1, 1945, with 
respect to products of Cuba. 

(2) In order to carry out a foreign trade agreement entered 
into by the President on or after June 12, 1955, and before July 
1, 1962, below the applicable alternative specified in subsection 
(a)(2) (C) or (D) or (4) (A) of this section (subject to the 
applicable provisions of subsection (a)(3) (B), (C), and (D) 
and (4) (B) and (C) of this section), each such alternative to 
be read for the purposes of this paragraph as relating to the 
rate of duty applicable to products of Cuba. With respect to 
products of Cuba, the limitation of subsection (a) (2) (D) (ii) or 
(4) (A) (iii) of this section may be exceeded to such extent as 
may be required to maintain an absolute margin of preference 
to which such products are entitled. 

(3) In order to carry out a foreign trade agreement entered 
into after June 30, 1962, and before July 1, 1967, below .the 
lowest rate permissible bv applying title II of the Trade 
Expansion Act of 1962 to the rate of duty (however established, 
and even though temporarily suspended by Act of Congress or 
otherwise) existing on July 1, 1962, with respect to such product. 

(c) Definitions. 

(1) As used in this section, the term "duties and other import 
restrictions" includes (A) rate and form of import duties and classi- 
fication of articles, and (B) limitations, prohibitions, charges, and 
exactions other than duties, imposed on importation or imposed for 
the regulation of imports. 

(2) For purposes of this section — 

(A) Except as provided in subsection (d) of this section, the 
terms "existing on July 1, 1934", "existing on January 1, 1945", 
"existing on January 1, 1955", and "existing on July 1, 1958" 
refer to rates of duty (however established, and even though 
temporarily suspended by Act of Congress or otherwise) exist- 
ing on the date specified, except rates in effect by reason of 
action taken pursuant to section 1362 of this title. 

(B) The term "existing" without the specification of any 
date, when used with respect to any matter relating to the con- 
clusion of, or proclamation to carry out, a foreign trade agree- 
ment, means existing on the day on which that trade agreement 
is entered into. 

(d) Rate basis for additional increases or decreases; restoration of 
terminated treaties forbidden. 

(1) When any rate of duty has been increased or decreased for 
the duration of war or an emergency, by agreement or otherwise, 
[Emphasis supplied.] 



249 



any further increase or decrease shall be computed upon the basis of 
the post-war or post-emergency rate carried in such agreement or 
otherwise. 

(2) Where under a foreign trade agreement the United States has 
reserved the unqualified right to withdraw or modify, after the ter- 
mination of war or an emergency, a rate on a specific commodity, 
the rate on such commodity to be considered as "existing on January 
1, 1945" for the purpose of this section shall be the rate which 
would have existed if the agreement had not been entered into. 

(3) No proclamation shall be made pursuant to this section for 
the purpose of carrying out any foreign trade agreement the procla- 
mation with respect to which has been terminated in whole by the 
President prior to July 5, 1945. 

(e) Repealed. Pub. L. 87-794, title II, § 257(b), Oct. 11, 1962, 76 
Stat. 882. 

(f ) Information and advice from industry, agriculture, and labor. 
It is declared to be the sense of the Congress that the President, 

during the course of negotiating any foreign trade agreement under 
this section, should seek information and advice with respect to such 
agreement from representatives of industry, agriculture, and labor. 
(June 17, 1930, ch. 497, title III. § 350, as added June 12, 1934, ch. 
474, § 1, 48 Stat. 943, and amended June 7, 1943, ch. 118, § 2, 57 
Stat. 125; July 5, 1945, ch. 269, §§ 2, 3, 59 Stat. 410; Sept. 26, 1949, 
ch. 585, §§4, 6, 63 Stat. 698; June 21, 1955, ch. 169, §3, 699 Stat. 
162; Aug. 20, 1958, Pub. L. 85-686, § 3, 72 Stat. 673; Oct. 11, 1962, 
Pub. L. 87-794, title II, § 257(a), (b), 76 Stat. 881, 882.) 

—NOTE- 
EQUIPMENT FOR TRADE RESTORATION NEEDED 

If the United States is to compete successfully with other 
countries to regain a fair share of foreign trade, it is neces- 
sary that the United States should create machinery 
whereby it can bargain successfully for such trade. As the 
President said in his message to the Congress : 

Other governments are to an ever increasing extent winning their 
share of international trade by negotiated, reciprocal trade agree- 
ments. If American agricultural and industrial interests are to 
retain their deserved place in this trade, the American Government 
must be in a position to bargain for that place with other govern- 
ments by rapid and decisive negotiation based upon a carefully con- 
sidered program, and to grant with discernment corresponding 
opportunities in the American market for foreign products supple- 
mentary to our own. 

If the American Government is not in a position to make fair offers 
for fair opportunities, its trade will be superseded. If it is not in a 
position at a given moment rapidly to alter the terms on which it is 
willing to deal with other countries, it cannot adequately protect its 
trade against discriminations and against bargains injurious to its 
interests. Furthermore, a promise to which prompt effect cannot be 
given is not an inducement which can pass current at par in commer- 
cial negotiations. 

[Emphasis supplied.] 



250 



For this reason any smaller degree of authority in the hands of 
the Executive would be ineffective. The executive branches of vir- 
tually all other important trading countries already possess some 
such power. 

In most European countries agreements can be made by 
the executive and put into force at once. In some countries 
no parliamentary ratification of any kind is necessary. In 
the majority of countries parliamentary ratification is nec- 
essary, but the agreements can be made operative at once 
and parliamentary ratification is largely a matter of form. 
In most important countries tariff changes can be made 
practically overnight. In France the Tariff Committee of 
the Chamber recently adopted a project of law which until 
the opening of their session in 1935, would give to the Gov- 
ernment authority to modify the customs tariff by decree, 
modification to be subject to subsequent ratification of Par- 
liament. The authority, if granted, will afford a high degree 
of flexibility useful in commercial bargaining. In Japan a 
bill has recently been introduced into the Diet empowering 
the executive to increase or reduce tariff rates and prohibit 
or restrict exports or imports. 

******* 

In order to meet the difficulties raised by existing tariff 
and trade barriers throughout the world, foreign countries 
are resorting with increasing frequency to the negotiation 
of commercial agreements ba.=ed upon tariff bargaining. 
Since January 1. 1933. no fewer than 68 of these bargaining 
agreements have been made, covering customs concessions or 
most-favored-nation treatment, or both. 

******* 



19 U.S.C. 1862. Safeguarding national security 

(a) Prohibition on decrease or elimination of duties or other 
import restrictions if such reduction or elimination would threaten 
to impair national security. 

No action shall be taken pursuant to section 1821 (a) of this title 
or pursuant to section l.'Wl of this title to decrease or eliminate the 
duty or other import restriction on anv article if the President 
determines that such reduction or elimination would threaten to 
impair the national security. 

(b) Investigations by Director of Office of Emergency Prepared- 
ness to determine effects on national security of imports' of articles- 
adjustment of imports. ' ' 

Upon request of the head of any department or agency, upon 
application of nn interested party, or upon his own motion, the 
Director of the Office of Emergency Preparedness (hereinafter in 
this section referred to as the "director") shall immediately make 

[Emphasis supplied.] 



251 



an appropriate investigation, in the course of which he shall seek 
information and advice from other appropriate departments and 
agencies, to determine the effects on the national security of imports 
of the article which is the subject of such request, application, or 
motion. If, as a result of such investigation, the Director is of the 
opinion that the said article is being imported into the United 
States in such quantities or under such circumstances as to threaten 
to impair the national security, he shall promptly so advise the 
President, and, unless the President determines that the article is 
not being imported into the United States in such quantities or 
under such circumstances as to threaten to impair the national secu- 
rity as set forth in this section, he shall take such action, and for 
such time, as he deems necessary to adjust the imports of such arti- 
cle and its derivatives so that such imports will not so threaten to 
impair the national security. 

(c) Domestic production for national defense; impact of foreign 
competition on economic welfare of domestic industries. 

For the purposes of this section, the Director and the President 
shall, in the light of the requirements of national security and with- 
out excluding other relevant factors, give consideration to domestic 
production needed for projected national defense requirements, the 
capacity of domestic industries to meet such requirements, existing 
and anticipated availabilities of the human resources, products, raw 
materials, and other supplies and services essential to the national 
defense, the requirements of growth of such industries and such sup- 
plies and services including the investment, exploration, and devel- 
opment necessary to assure such growth, and the importation of 
goods in terms of their quantities, availabilities, character, and use 
as those affect such industries and the capacity of the United States 
to meet national security requirements. In the administration of this 
section, the Director and the President shall further recognize the 
close relation of the economic welfare of the Nation to our national 
security, and shall take into consideration the impact of foreign 
competition on the economic welfare of individual domestic indus- 
tries; and any substantial unemployment, decrease in revenues of 
government, loss of skills or investment, or other serious effects 
resulting from the displacement of any domestic products by exces- 
sive imports shall be considered, without excluding other factors, in 
determining whether such weakening of our internal economy may 
impair the national security. 

(d) Report on investigations by Director of Office of Emergency 
Preparedness ; regulations. 

A report shall be made and published upon the disposition of each 
request, application, or motion under subsection (b) of this section. 
The Director shall publish procedural regulations to give effect to 
the authority conferred on him by subsection (b) of this section. 
(Pub. L. 87-794, title II, § 232, Oct. 11, 1962, 76 Stat. 877.) 

[Emphasis supplied.] 



252 



— N O T E — 

Excerpt from House Rept. 1818, 87th Cong., 1st Sess. (1962) 

chapter 4 national security 

Products of Communist Countries or Areas 

Section 231 provides that, as an exception to the most- 
favored-nation principle, the President shall, as soon as prac- 
ticable, refrain from applying any reduction, elimination, 
or continuance of any existing duty or other import restric- 
tion, or the continuance of any existing duty-free or excise 
treatment, proclaimed in carrying out any trade agreement 
under title II of the bill or under section 350 of the Tariff 
Act of 1930 to products of any country or area dominated 
or controlled by Communism, whether imported directly or 
indirectly. It is contemplated that, in addition to those 
countries and areas which have been designated pursuant to 
section 5 of the Trade Agreements Extension Act of 1951. 
upon the enactment of the bill Poland (and areas under its 
provisional administration), Yugoslavia, and Cuba will be 
designated pursuant to section 231. In addition, action 
under this section is to be taken if, in the future, any addi- 
tional country or area becomes dominated or controlled by 
Communism. Action under this section with respect to any 
country or area may be terminated when such country or 
area is no longer dominated or controlled by Communism. 

Safeguarding National Security 

Except for conforming changes, section 232 is identical 
to, and continues in effect, the provisions of section 2 of the 
Trade Agreements Act approved July 1, 1954, as amended 
by section 8 of the Trade Agreements Extension Act of 
1958. 

Section 232(a) provides that no action is to be taken pur- 
suant to the bill or section 350 of the Tariff Act of 1930 to 
decrease or eliminate the duty or to decrease any other 
import restriction on any article if the President determines 
that the reduction or elimination would threaten to impair 
the national security. 

Section 232(b) provides that upon request, application, or 
notice from specified sources the Director of the Office of 
Emergency Planning (OEP) must undertake an investiga- 
tion to determine whether the article is being imported into 
the United States in such quantities or under such circum- 
stances as to threaten to impair the national security. If he 
so finds, he is required to so advise the President, who is 
required to take such action as he deems necessary to adjust 
imports unless he determines that the article is not being 
imported in such quantities or under such circumstances as 
to threaten to impair the national security. 



253 



Section 232(c) enumerates various factors to which the 
President and the Director of the OEP are to give consid- 
eration in carrying out their functions. 

Section 232(d) requires a report to be made and pub- 
lished on each final disposition of any request for investiga- 
tion under section 232(b). It also requires the Director of 
the OEP to publish procedural regulations governing the 
exercise of the authority vested in him by section 232(b) . 



Tithe 20 — Education 



20 U.S.C. 79. Bareo Colorado Island in Gatun Lake to re set aside 

The President is authorized and directed to set aside within the 
Canal Zone an area in Gatun Lake known as Barro Colorado Island 
in which the natural features shall, except in event of declared 
national emergency, be left in their natural state for scientific obser- 
vation and investigation. (July 2, 1940, ch. 516, § 1, 54 Stat. 724.) 



20 U.S.C. 241-1. Assistance for current school expenditures 

IN CASES OF CERTAIN DISASTERS 

(a) Eligibility requirements; terms; duration; maximum amount. 
In any case in which — 

(1) (A) the Director of the Office of Emergency Planning 
determines with respect to any local educational agency (includ- 
ing for the purpose of this section any other public agency 
which operates schools providing technical, vocational, or other 
special education to children of elementary or secondary school 
age) that such agency is located in whole or in part within an 
area which after August 30, 1965, and prior to July 1, 1973, has 
suffered a major disaster as the result of any flood, drought, 
fire, hurricane, earthquake, storm, or other catastrophe which, in 
the determination of the President pursuant to section 4402(1) 
of Title 42, is or threatens to be of sufficient severity or magni- 
tude to warrant disaster assistance by the Federal Government; 
or 

(B) the Commissioner determines with respect to any such 
agency that public elementary or secondary school facilities of 
such agency have been destroyed or seriously damaged as a 
result of flood, hurricane, earthquake, storm, fire, or other catas- 
trophe, except any such catastrophe caused by negligence or 
malicious action; and 

(2) the Governor of the State in which such agency is located 
has certified the need for disaster assistance under this section,. 



[Emphasis supplied.] 



254 



and has given assurance of expenditure of a reasonable amount 
of the funds of the government of such State, or of any politi- 
cal subdivision thereof, for the same or similar purposes with 
respect to such catastrophe ; 
and if the Commissioner determines with respect to such agency that^- 

(3) such agency is utilizing or will utilize all State and other 
financial assistance available to it for the purpose of meeting 
the cost of providing free public education for the children 
attending the schools of such agency, but as a result of such dis- 
aster it is unable to obtain sufficient funds for such purpose and 
requires an amount of additional assistance equal to at least 
$1,000 or one-half of 1 per centum of such agency's current 
operating expenditures during the fiscal year preceding the one 
in which such disaster occurred, whichever is less, and 

(4) in the case of any such major disaster to the extent that 
the operation of private elementary and secondary schools in the 
school attendance area of such local educational agency has been 
disrupted or impaired by such disaster, such local educational 
agency has made provisions for the conduct of educational pro- 
grams under public auspices and administration in which chil- 
dren enrolled in such private elementary and secondary schools 
may attend and participate. Provided, That nothing contained 
in this chapter shall be construed to authorize the making of 
any payment under this chapter for religious worship or 
instruction, 

the Commissioner may provide to such agency the additional assist- 
ance necessary to provide free public education to the children 
attending the schools of such agency, upon such terms and in such 
amounts (subject to the provisions of this section) as the Commis- 
sioner may consider to be in the public interest. Such additional 
assistance may be provided for a period not greater than a five- 
fiscal-year period beginning with the fiscal year in which it is deter- 
mined pursuant to clause (1) of this subsection that such agency 
suffered a disaster. The amount so provided for any fiscal year shall 
not exceed the amount which the Commissioner determines to be 
necessary to enable such agency, with the State, local, and other 
Federal funds available to it for such purpose, to provide a level of 
education equivalent to that maintained in the schools of such 
agency prior to the occurrence of such disaster, taking into account 
the additional costs reasonably necessary to carry out the provisions 
of clause (4) of this subsection. The amount, if any, so provided for 
the second, third, and fourth fiscal years following the fiscal year in 
which it is so determined that such agency has suffered a disaster 
shall not exceed 75 per centum, 50 per centum, and 25 per centum, 
respectively, of the amount so provided for the first fiscal year fol- 
lowing such determination. 

(b) Additional funds for replacing supplies and equipment, 
making minor repairs, and leasing temporary facilities. 

In addition to and apart from the funds provided under subsec- 
tion (a) of this section, the Commissioner is authorized to provide to 
such agency an amount which he determines to be necessary to 



255 



replace instructional and maintenance supplies, equipment, and 
materials (including textbooks) destroyed or seriously damaged as a 
result of such disaster, to make minor repairs, and to lease or other- 
wise provide (other than by acquisition of land or erection of facili- 
ties) school and cafeteria facilities needed to replace temporarily 
such facilities which have been made unavailable as a result of the 
disaster. 

(c) Authorization of appropriations; expenditure of sums pend- 
ing appropriation. 

There is hereby authorized to be appropriated for each fiscal year 
such amounts as may be necessary to carry out the provisions of this 
section. Pending such appropriation, the Commissioner may expend 
(without regard to subsections (a) and (e) of section 665 of Title 
31) from any funds heretofore or hereafter appropriated for 
expenditure in accordance with other sections of this chapter, such 
sums as may be necessary for immediately providing assistance 
under this section, such appropriations to be reimbursed from the 
appropriations authorized by this subsection when made. 

(d) Applications; priority of approvals. 

No payment may be made to any local educational agency under 
this section except upon application therefor which is submitted 
through the appropriate State educational agency and is filed with 
the Commissioner in accordance with regulations prescribed by him. 
In determining the order in which such applications shall be 
approved, the Commissioner shall consider the relative educational 
and financial needs of the local educational agencies which have sub- 
mitted approvable applications. 

(e) Payments to local agencies; repayment of unexpended funds. 
Amounts paid by the Commissioner to local educational agencies 

under this section may be paid in advance or by way of reimburse- 
ment and in such installments as the Commissioner may determine. 
Any funds paid to a local educational agency and not expended or 
otherwise used for the purposes for which paid shall be repaid to 
the Treasury of the United States. (Sept. 30, 1950, ch. 1124, title I, 
§ 7, as added Nov. 1, 1965, Pub. L. 89-313, § 2, 79 Stat. 1159, and 
amended Jan. 2, 1968, Pub. L. 90-247, title II, § 218, 81 Stat. 811 ; 
Apr. 13, 1970, Pub. L. 91-230, title II, § 201(c), 84 Stat. 154; Dec. 
31, 1970, Pub. L. 91-606, title III, § 301(e), 84 Stat. 1759.) 

— NOTE— 

Excerpt from House Kept. 188, 91st Cong., 2d Sess. (1970) 

It is, of course, impossible to determine the conditions 
which will exist under emergencies created by a flood, tor- 
nado, earthquake, fire, or other catastrophe. For this reason, 
it is the purpose of the provision to provide Federal finan- 
cial assistance for those aspects of a local district's plan 
which are designed to assure the continued education of all 
children in the area served by the school district, during the 
•period of emergency — irrespective of whether or not such 
children are enrolled in public or private schools. Where 
public school facilities are damaged or are otherwise inade- 

[Emphasis supplied.] 



256 



quate to accommodate all the children, the local school dis- 
trict could provide for the rental or lease of public or other 
undamaged facilities to accommodate teachers and pupils 
from public and private schools during the period of 
adjustment from the disaster. , . , i 

In this respect Federal funds are authorized to supple- 
ment all other funds available to provide a level of educa- 
tion equivalent to that maintained in the schools of such 
local public school agency during the last full fiscal year 
prior to the occurrence of the major disaster, taking into 
account the additional cost reasonably necessary for the 
local public school district to provide teachers, equipment, 
and materials in an expanded school program to accommo- 
date private school students whose school operations were 
impaired or entirely disrupted as a result of the disaster. 



20 U.S.C. 646. Assistance in cases of certain disasters 

(a) Eligibility requirements; maximum amount; form, terms and 
conditions. 

In any case in which — 

(1) (A) the Director of the Office of Emergency Flammi-w 
determines with respect to any local educational agency (includ- 
ing for the purpose of this section any other public agency 
which operates schools providing technical, vocational, or other 
special education to children of elementary or secondary school 
age) that such agency is located in whole or in part within an 
area which, after August 30, 1965, and prior to July 1, 1973, has 
suffered a major disaster as the result of any flood, drought, 
fire, hurricane, earthquake, storm, or other catastrophe which, in 
the determination of the President pursuant to section 4402(1) 
of Title 42, is or threatens to be of sufficient severity or magni- 
tude to warrant disaster assistance by the Federal Government; 
or 

(B) the Commissioner determines with respect to any such 
agency that public elementary or secondary school facilities (or, 
in the case of a public agency other than a local educational 
agency, school facilities providing technical, vocational, or other 
special education to children of elementary or secondary school 
age) of such agency have been destroyed or seriously damaged 
as a result of flood, hurricane, earthquake, storm, fire, or other 
catastrophe, except any such catastrophe caused by negligence 
or malicious action; and 

(2) the Governor of the State in which such agency is located 
has certified the need for disaster assistance under this section, 
and has given assurance of expenditure of a reasonable amount 
of the funds of the government of such State, or of any politi- 
cal subdivision thereof, for the same or similar purposes with 
respect to such catastrophe; 



[Emphasis supplied.] 



257 



and if the Commissioner determines with respect to such agency 
that— 

(3) as a result of such major disaster, (A) public elementary 
or secondary school facilities of such agency (or, in the case of 
a public agency other than a local educational agency, school 
facilities providing technical, vocational, or other special educa- 
tion to children of elementary or secondary school age) have 
been destroyed or seriously damaged, or (B) private elementary 
or secondary school facilities serving children who reside in the 
area served by such agency have been destroyed and will not be 
replaced, thereby increasing the need of such agency for school 
facilities ; 

(4) such agency is utilizing or will utilize all State and other 
financial assistance available for the replacement or restoration 
of such school facilities; 

(5) such agency does not have sufficient funds available to it 
from State, local, and other Federal sources (including funds 
available under other provisions of this chapter) , and from the 
proceeds of insurance on such school facilities, and requires an 
amount of additional assistance equal to at least $1,000 or one- 
half of 1 per centum of such agency's current operating expend- 
itures during the fiscal year preceding the one in which such 
disaster occurred, whichever is less, to provide the minimum 
school facilities needed (A) for the restoration or replacement 
of the school facilities of such agency so destroyed or seriously 
damaged or (B) to serve, in facilities of such agency, children 
Tvho but for the destruction of the private facilities referred to 
in clause (3) (B) would be served by such private facilities; 
and 

(6) in the case of any such major disaster, to the extent that 
the operation of private elementary and secondary schools in the 
school attendance area of the local educational agency has been 
disrupted or impaired by such disaster, such local educational 
agency has complied with the provisions of section 241-1 (a) (4) 
of this title, with respect to provisions for the conduct of educa- 
tional programs under public auspices and administration in 
which children enrolled in such private elementary and second- 
ary schools may attend and participate, 

the Commissioner may provide the additional assistance necessary to 
enable such agencv to provide such facilities, upon such terms anil in 
such amounts (subject to the provisions of this section) as the Com- 
missioner may consider to be in the public interest; but such addi- 
tional assistance, plus the amount which he determines to be 
available from State, local, and other Federal sources (including 
funds available under other provisions of this chapter), and from 
the proceeds of insurance, may not exceed the cost of construction 
incident to the restoration or replacement of the school facilities 
destroyed or damaged as a result of the disaster. In all cases, deter- 
mined pursuant to clause (1) (B) of this subsection, and in any other 
case deemed appropriate by the Commissioner, such assistance shall 
be in the form of a repayable advance subject to such terms and 
conditions as he considers to be in the public interest. 



258 



(b) Authorization of appropriations; expenditure of sums pend- 
ing appropriation. 

There are hereby authorized to be appropriated for each fiscal 
year such amounts as may be necessary to carry out the provisions 
of this section. Pending such appropriation, the Commissioner may 
expend (without regard to subsections (a) and (e) of section 665 of 
Title 31) from any funds heretofore or hereafter appropriated for 
expenditure in accordance with other sections of this chapter such 
sums as may be necessary for immediately providing assistance 
under this section, such appropriations to be reimbursed from the 
appropriations authorized by this subsection when made. 

(c) Applications; priority of approvals; conditions precedent; 
consultation with agencies. 

No payment may be made to any local educational agency under 
subsection (a) of this section except upon application therefor which 
is submitted through the appropriate State educational agency and 
is filed with the Commissioner in accordance with regulations pre- 
scribed by him, and which meets the requirements of section 
636(b)(1) of this title. In determining the order in which such 
applications shall be approved, the Commissioner shall consider the 
relative educational and financial needs of the local educational 
agencies which have submitted approvable applications. No payment 
may be made under subsection (a) of this section unless the Com- 
missioner finds, after consultation with the State and local educa- 
tional agencies, that the project or projects with respect to which it 
is made are not inconsistent with overall State plans for the con- 
struction of school facilities. All determinations made by the Com- 
missioner under this section shall be made only after consultation 
with the appropriate State educational agency and the local educa- 
tional agency. 

(d) Payments to local agencies; repayment of unexpended funds. 
Amounts paid by the Commissioner to local educational agencies 

under subsection (a) of this section may be paid in advance or by 
way of reimbursement and in such installments as the Commissioner 
may determine. Any funds paid to a local educational agency and 
not expended or otherwise used for the purposes for which paid 
shall be repaid to the Treasury of the United States. 

(e) Applicability of sections 631 to 640 of this title. 

None of the provisions of 631 to 640 of this title, both inclusive, 
other than section 636(b) (1) of this title, shall apply with respect to 
this section. (Sept. 23, 1950, ch. 995, § 16, as added Nov. 1, 1965, 
Pub. L. 89-313, § 1, 79 Stat. 1158, and amended Jan. 2, 1968, Pub. 
h^^ 7 Af e , V* S 217 < 81 Stat 810 : A P r - 13 ' lfl70 ' P«b. L. 91-230, 

m^%Wst2mfo 1M; ^ 31 ' 197 °' Pub - L - 91 - 606 ' tWe 

— N O T E— 

Excerft from House Rept. 587, 89th Cong., 1st Sess. (1965) 

school construction in disaster areas 

The bill adds a new section to Public Law 815 which 
would authorize the Commissioner of the Office of Educa- 



259 



tion to provide additional financial assistance to a local 
public school district to enable such agency to construct new 
facilities to replace school facilities destroyed or to restore 
facilities damaged as a result of a major disaster. 

Appropriations are authorized for the purpose of meeting 
the cost of administering the new section. Pending appro- 
priations the Commissioner could use funds appropriated 
for the other provision of Public Law 874 to immediately 
provide the disaster assistance, such appropriations to be 
reimbursed from appropriations authorized by this subsec- 
tion when they become available to the Commissioner. 

The following conditions prerequisite to the furnishing of 
such assistance are required by the legislation : 

(1) A determination by the Director of the Office of 
Emergency Planning that the school facilities were in 
the area declared by the President to be a major disas- 
ter area under the provision of 42 U.S.C. 1855 warrant- 
ing disaster assistance by the Federal Government ; 
******* 

OPERATION Or SCHOOLS IN DISASTER AREAS 

The bill adds a new section to Public Law 874 which 
authorizes the Commissioner of the Office of Education to 
provide financial assistance to any local public school 
agency to assist in the financing of the operation of elemen- 
tary and secondary school programs which have been 
affected by a major disaster. Limitations imposed on the 
provision of such assistance are : 

(1) A determination by the Director of the Office of 
Emergency Planning that the local public school dis- 
trict was in an area declared by the President to be a 
major disaster area under the provisions of 42 U.S.C. 
1855 warranting disaster assistance by the Federal Gov- 
ernment ; 

******* 



Title 22 — Foreign Relations and Intercourse 



22 U.S.C. 401. Illegal exportation of war materials 

(a) Seizure and forfeiture of materials and carriers. 

Whenever an attempt is made to export or ship from or take out 
of the United States any arms or munitions of war or other articles 
in violation of law, or whenever it is known or there shall be proba- 
ble cause to believe that any arms or munitions of war or other arti- 

[Empbasis supplied.] 



260 



cles are intended to be or are being or have been exported or 
removed from the United States m violation of A Secretary 
of the Treasury, or any person duly authorized for the purpose by 
the President, may seize and detain such arms or munitions of war 
or other articles and may seize and detain any vessel, vehicle, or air- 
craft containing the same or which has been or is being used in 
exporting or attempting to export such arms or munitions of war or 
other articles. All arms or munitions of war and other articles, ves- 
sels, vehicles, and aircraft seized pursuant to this subsection shall be 
forfeited. . , . .. , 

(b) Applicability of laws relating to seizure, forfeiture, and con- 
demnation. , . ■ , 

All provisions of law relating to seizure, summary and judicial 
forfeiture and condemnation for violation of the customs laws, the 
disposition of the property forfeited or condemned or the proceeds 
from the sale thereof; the remission or mitigation of such forfeit- 
ures; and the compromise of claims and the award of compensation 
to informers in respect of such forfeitures shall apply to seizures 
and forfeitures incurred, or alleged to have been incurred, under the 
provisions of this section, insofar as applicable and not inconsistent 
with the provisions hereof. Awards of compensation to informers 
under this section may be paid only out of funds specifically appro- 
priated therefor. 

(c) Disposition of forfeited materials. 

Arms and munitions of war forfeited under subsection (b) of this 
section shall be delivered to the Secretary of Defense for such use or 
disposition as he may deem in the public interest, or, in the event 
that the Secretary of Defense refuses to accept such arms and muni- 
tions of war, they shall be sold or otherwise disposed of as pre- 
scribed under existing law in the case of forfeitures for violation of 
the customs laws. (June 15, 1917, ch. 30, title VI, § 1, 40 Stat. 223; 
June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740; Aug. 13, 1953, 
ch. 434, § 1, 67 Stat. 577.) 



22 U.S.C. 441. Proclamation of state of war between foreign states 

(a) Whenever the President, or the Congress by concurrent reso- 
lution, shall find that there exists a state of war between foreign 
states, and that it is necessary to promote the security or preserve 
the peace of the United States or to protect the lives of citizens of 
the United States, the President shall issue a proclamation naming 
the states involved; and he shall, from time to time, by proclama- 
tion, name other states as and when they may become involved in 
the war. 

(b) Whenever the state of war which shall have caused the Presi- 
dent to issue any proclamation under the authority of this section 
shall have ceased to exist with respect to any state named in such 
proclamation, he shall revoke such proclamation with respect to such 
state. (Nov. 4, 1939, ch. 2, § 1, 54 Stat. 4.) 

fEniphasis supplied.] 



261 



22 U.S.C. 447. Financial transactions 

(a) Whenever the President shall have issued a proclamation 
under the authority of section 441(a) of this title, it shall there- 
after be unlawful for any person within the United States to pur- 
chase, sell, or exchange bonds, securities, or other obligations of the 
government of any state named in such proclamation, or of any 
political subdivision of any such state, or of any person acting for 
or on behalf of the government of any such state, or political subdi- 
vision thereof, issued after the date of such proclamation, or to 
make any loan or extend any credit (other than necessary credits 
accruing in connection with the transmission of telegraph, cable, 
wireless and telephone services) to any such government, political 
subdivision, or person. The provisions of this subsection shall also 
apply to the sale by any person within the United States to any 
person in a state named in any such proclamation of any articles or 
materials listed in a proclamation referred to in or issued under the 
authority of section 452 (i) of this title. 

(b) The provisions of this section shall not apply to a renewal or 
adjustment of such indebtedness as may exist on the date of such 
proclamation. 

(c) Whoever shall knowingly violate any of the provisions of this 
section or of any regulations issued thereunder shall, upon convic- 
tion thereof, be fined not more than $50,000 or imprisoned for not 
more than five years, or both. Should the violation be by a corpora- 
tion, organization, or association, each officer or director thereof par- 
ticipating in the violation shall be liable to the penalty herein 
prescribed. 

(d) Whenever any proclamation issued under the authority of 
section 441 (a) of this title shall have been revoked with respect to 
any state the provisions of this section shall thereupon cease to 
apply with respect to such state, except as to offenses committed 
prior to such revocation. 

(e) This section shall not be operative when the United States is 
at war. (Nov. 4, 1939, ch. 2, § 7, 54 Stat. 8; Feb. 21, 1942, ch. 104, 5& 
Stat. 95.) 

— N O T E — 

Excerpt from House Rept. 1776, 77th Cong., 2d Sess. (1942) 

The Committee on Foreign Affairs, to whom was referred 
the joint resolution (S.J. Res. 133), amending section 7 of 
the Neutrality Act of 1939, having considered the same, 
report favorably thereon without amendment and recom- 
mend that the joint resolution do pass. 

This amendment to section 7 was requested in the follow- 
ing communication from the President : 

The White House, 

February 9, 191,2. 

To the Congress of the United States : 

I recommend that the Neutrality Act of 1939 be amended to pro- 
vide that section 7 shall not be operative when the United Sates is at 
war. 



[Emphasis supplied.] 



262 



Section 7, now in effect, prevents essential financial transactions 
between persons within the United States and our cobelligerents. 
In my opinion there was never any intention that this section should 
operate during our belligerency. I hope that the Congress will act 
promptly in this matter to legalize transactions essential in the ef- 
fective prosecution of the war. 

There is attached a draft resolution designed to accomplish the 

purpose of this recommendation. 

Franklin D. Roosevelt. 

A series of neutrality proclamations, under the act of 
1939, applying to manv of the countries with whom we are 
now associated in the United Nations war effort are still in 
effect; and section 7 of the Neutrality Act therefore is in 
effective operation as regards these countries. 

This is deemed to be having consequences harmful to the 
war effort of both the United States and the other United 
Nations. 

These harmful consequences arise from the fact that sec- 
tion 7 prohibits many operations as between persons in the 
United States and the governments and nationals of the 
United Nations which would be useful in the war effort. 
The following types of transactions may be cited particu- 
larly : 

(a) Section 7 interdicts the extension of credit by any 
person within the United States in connection with pur- 
chases of war materials in this country by governments 
affected by this act or by their subdivisions and agents. 
This means, for instance, that American firms or banks 
cannot extend even short-term credit accommodation to such 
enterprises as the Canadian National Railways in connec- 
tion with their important purchases here, or American air- 
craft, engine manufacturers extend short term credit facili- 
ties to representatives of Canada and the Netherlands East 
Indies in connection with aircraft production for the 
account of the military forces of that Government. Such 
short-term credit combination would in frequent instances 
make it easier to effect promptly the purchasing and trans- 
' port of needed war goods. 

(i) It stands in the way of certain commercial transac- 
tions that are directly a part of the military effort. For 
example, it makes impossible the sale on credit by persons 
within the United States to British, Dutch, and Norwegian 
ships of oil urgently required for the completion of voyages 
connected with the war effort. 

In these and similar ways the continued effectiveness of 
section 7 during this war period is a distinct disadvantage 
in the war effort. 

This amendment does not affect the operation of the 
Johnson Act. 

Furthermore, it is believed that the war situation now 
confronting the United States is fundamentally different 
from that which the Congress visualized when enacting sec- 
tion 7. 

[Emphasis supplied.] 



263 



22 U.S.C. 450. Restrictions on use of American ports 

(a) Whenever, during any war in which the United States is neu- 
tral, the President, or any person thereunto authorized by him shall 
have cause to believe that any vessel, domestic or foreign, whether 
requiring clearance or not, is about to carry out of a port or from 
the jurisdiction of the United States, fuel, men, arms, ammunition, 
implements of war, supplies, dispatches, or information to any war- 
ship, tender, or supply ship of a state named in a proclamation 
issued under the authority of section 441(a) of this title, but the 
evidence is not deemed sufficient to justify forbidding the departure 
of the vessel as provided for by section 31 of Title 18, and if, in the 
President's judgment, such action will serve to maintain peace 
between the United States and foreign states, or to protect the com- 
mercial interests of the United States and its citizens, or to promote 
the security or neutrality of the United States, he shall have the 
power, and it shall be his duty to require the owner, master, or 
person in command thereof, before departing from a port or from 
the jurisdiction of the United States, to give a bond to the United 
States, with sufficient sureties, in such amount as he shall deem 
proper, conditioned that the vessel will not deliver the men, or any 
fuel, supplies, dispatches, information, or any part of the cargo, to 
any warship, tender, or supply ship of a state named in a proclama- 
tion issued under the authority of section 441(a) of this title. 

(b) If the President, or any person thereunto authorized by him, 
shall find that a vessel, domestic or foreign, in a port of the United 
States, has previously departed from a port or from the jurisdiction 
of the United States during such war and delivered men, fuel, sup- 
plies, dispatches, information, or any part of its cargo to a warship, 
tender, or supply ship of a state named in a proclamation issued 
under the authority of section 441(a) of this title, he may prohibit 
the departure of such vessel during the duration of the war. 

(c) Whenever the President shall have issued a proclamation 
under section 441(a) of this title he may, while such proclamation 
is in effect, require the owner, master, or person in command of any 
vessel, foreign or domestic, before departing from the United States, 
to give a bond to the United States, with sufficient sureties, in such 
amount as he shall deem proper, conditioned that no alien seaman 
who arrived on such vessel shall remain in the United States for a 
longer period than that permitted under the regulations, as amended 
from time to time, issued pursuant to section 168 of Title 8. Not- 
withstanding the provisions of said section 168 of Title 8, the Presi- 
dent may issue such regulations with respect to the landing of such 
seamen as he deems necessary to insure their departure either on 
such vessel or another vessel at the expense of such owner, master, or 
person in command. (Nov. 4, 1939, ch. 2, § 10, 54 Stat. 9.) 



22 U.S.C. 451. Submarines and armed merchant vessels 

Whenever, during any war in which the United States is neutral, 
the President shall find that special restrictions placed on the use of 



[Emphasis supplied.] 



264 



the ports and territorial waters of the United States by the sub- 
marines or armed merchant vessels of a foreign state will serve to 
maintain peace between the United States and foreign states, or to 
protect the commercial interests of the United States and its citi- 
zens, or to promote the security of the United States, and shall make 
proclamation thereof, it shall thereafter be unlawful for anjr such 
submarine or armed merchant vessel to enter a port or the territorial 
waters of the United States or to depart therefrom, except under 
such conditions and subject to such limitations as the President may 
prescribe. Whenever, in his judgment, the conditions which have 
caused him to issue his proclamation have ceased to exist, he shall 
revoke his proclamation and the provisions of this section shall 
thereupon cease to apply, except as to offenses committed prior to 
such revocation. (Nov. 4, 1939, ch. 2, § 11, 54 Stat. 9.) 



22 U.S.C. 461. Enforcement by courts; employment of land or 

NAVAL FORCES 

The district courts shall take cognizance of all complaints, by 
whomsoever instituted, in cases of captures made within the waters 
of the United States, or within a marine league of the coasts or 
shores thereof. In every case in which a vessel is fitted out and 
armed, or attempted to be fitted out and armed, or in which the 
force of any vessel of war, cruiser, or other armed vessel is increased 
or augmented, or in which any military expedition or enterprise is 
begun or set on foot, contrary to the provisions and prohibitions of 
sections 461 to 464 of this title and sections 21 to 25, and 30 of Title 
18; and in every case of the capture of a vessel within the jurisdic- 
tion or protection of the United States as before defined; and in 
every case m which any process issuing out of any court of the 
United States is disobeyed or resisted by any person having the cus- 
tody of any vessel of war, cruiser, or other armed vessel of any for- 
eign prmce or state, or of any colony, district, or people, or of any 
subjects or citizens of any foreign prince or state, or of any colony, 
district, or people, it shall be lawful for the President or such other 
person as he shall have empowered for that purpose, to employ 
such part of the land or naval forces of the United States, or of the 
militia thereof, for the purpose of taking possession of and detain- 
ing any such vessel, with her prizes, if any, in order to enforce the 
execution ot the prohibitions and penalties of sections 461 to 464 of 
this title and sections 21 to 25, and 30 of Title 18, and the restoring 
ot such prizes in the cases in which restoration shall be adjudged! 
and also for the purpose of preventing the carrying on of any such 
expedition or enterprise from the territory or jurisdiction of the 
United btates against the territory or dominion of any foreign 
prince or state, or of any colony, district, or people with whom the 

1OT0 ) at PeaCe ' (Mar ' 4 ' 19 ° 9 ' ch - 321 ' § 14 ' 35 Stat " 



[Emphasis supplied ] 



265 



22 U.S.C. 464. Detention by collectors of customs 

The several collectors of the customs shall detain any vessel mani- 
festly built for warlike purposes, and about to depart the United 
States, or any place subject to the jurisdiction thereof, the cargo of 
which principally consists of arms and munitions of war, when the 
number of men shipped on board, or other circumstances, render it 
probable that such vessel is intended to be employed by the owners 
to cruise or commit hostilities upon the subjects, citizens, or prop- 
erty of any foreign prince or state, or of any colony, district, or 
people with whom the United States are at peace, until the decision 
of the President is had thereon, or until the owner gives such bond 
and security as is required of the owners of armed vessels by section 
463 of this title. (Mar. 4, 1909, ch. 321, § 17, 35 Stat. 1091.) 



22 U.S.C. 1611. Congressional declaration of policy; embargo on 
war materials; denial of assistance to nations failing to 
embargo shipments ; administration of chapter 

The Congress of the United States, recognizing that in a world 
threatened by aggression the United States can best preserve and 
maintain peace by developing maximum national strength and by 
utilizing all of its resources in cooperation with other free nations, 
declares it to be the policy of the United States to apply an embargo 
on the shipment of arms, ammunition, and implements of war, 
atomic energy materials, petroleum, transportation materials of stra- 
tegic value, and items of primary strategic significance used in the 
production of arms, ammunition, and implements of war to any 
nation or combination of nations threatening the security of the 
United States, including the Union of Soviet Socialist Republics 
and all countries under its domination, in order to (1) increase the 
national strength of the United States and of the cooperating 
nations; (2) impede the ability of nations threatening the security 
of the United States to conduct military operations; and (3) to 
assist the people of the nations under the domination of foreign 
aggressors to reestablish their freedom. 

It is further declared to be the policy of the United States that no 
military, economic, or financial assistance shall be supplied to any 
nation unless it applies an embargo on such shipments to any nation 
or combination of nations threatening the security of the United 
States, including the Union of Soviet Socialist Republics and all 
countries under its domination. 

This chapter shall be administered in such a way as to bring 
about the fullest support for any resolution of the General Assembly 
of the United Nations, supported by the United States, to prevent 
the shipment of certain commodities to areas under the control of 
governments engaged in hostilities in defiance of the United Nations. 
(Oct. 26, 1951, ch. 575, title I, § 101, 65 Stat. 645.) 



[Emphasis supplied.] 



266 



22 U.S.C. 1611a. Responsibility for administration 

Responsibility for giving effect to the purposes of this chapter 
shall be vested in the person occupying the senior position author- 
ized by subsection (e) of section 1577 of this title, or in any person 
who may hereafter be charged with principal responsibility for the 
administration of the provisions of the Mutual Defense Assistance 
Act of 1949. Such person is hereinafter referred to as the "Adminis- 
trator." (Oct. 26, 1951, ch. 575, title I, § 102, 65 Stat. 645.) 



22 U.S.C. 1611b. Determination of items to be embargoed 

(a) Adjustments; information to nations receiving assistance. 
The Administrator is authorized and directed to determine within 

thirty days after October 26, 1951, after full and complete consider- 
ation of the views of the Departments of State, Defense, and Com- 
merce; the Economic Cooperation Administration; and any other 
appropriate agencies, and notwithstanding the provisions of any 
other law, which items are, for the purpose of this chapter, arms, 
ammunition, and implements of war, atomic energy materials, petro- 
leum, transportation materials of strategic value, and those items of 
primary strategic significance used in the production of arms, 
ammunition, and implements of war which should be embargoed to 
effectuate the purposes of this chapter: Provided, That such deter- 
minations shall be continuously adjusted to current conditions on the 
basis of investigation and consultation, and that all nations receiv- 
ing United States military, economic, or financial assistance shall be 
kept informed of such determinations. 

(b) Termination of assistance; continuation of assistance by Pres- 
idential directive ; reports to Congress. 

All military, economic, or financial assistance to any nation shall, 
upon the recommendation of the Administrator, be terminated forth- 
with if such nation after sixtv davs from the date of a determina- 
tion under subsection (a) of this section knowingly permits the ship- 
ment to any nation or combination of nations threatening the 
security of the United States, including the Union of Soviet Social- 
ist Republics and all countries under its domination, of any item 
which he has determined under subsection (a) of this section after a 
full and complete investigation to be included in any of the follow- 
ing categories: Arms, ammunition, and implements of war, atomic 
energy materials, petroleum, transportation materials of strategic 
value, and items of primary strategic significance used in the pro- 
duction of arms, ammunition, and implements of war: Provided, 
That tlie President, after receiving the advice of the Administrator 
and after taking into account the contribution of such country to the 
mutual security of the free world, the importance of such assistance 
to the security of the United States, the strategic importance of 
imports received from countries of the Soviet bloc, and the adequacy 
of such country's controls over the export to the Soviet bloc of items 

[Emphasis supplied.] 



267 



of strategic importance, may direct the continuance of such assist- 
ance to a country which permits shipments of items other than arms, 
ammunition, implements of war, and atomic energy materials when 
unusual circumstances indicate that the cessation of aid would 
clearly be detrimental to the security of the United States : Provided 
further, That the President shall immediately report any determina- 
tion made pursuant to the first proviso of this section with reasons 
therefor to the Appropriations and Armed Services Committees of 
the Senate and of the House of Representatives, the Committee on 
Foreign Relations of the Senate, and the Committee on Foreign 
Affairs of the House of Representatives, and the President shall at 
least once each quarter review all determinations made previously 
and shall report his conclusions to the foregoing committees of the 
House and Senate, which reports shall contain an analysis of the 
trade with the Soviet bloc of countries for which determinations 
have been made. (Oct. 26, 1951, ch. 575, title I, § 103, 65 Stat. 645.) 



22 U.S.C. 1611c. Resumption of assistance 

Whenever military, economic, or financial assistance has been ter- 
minated as provided in this chapter, such assistance can be resumed 
only upon determination by the President that adequate measures 
have been taken by the nation concerned to assure full compliance 
with the provisions of this chapter. (Oct. 26, 1951 ch. 575, title I, 
§ 104, 65 Stat. 646.) 



22 U.S.C. 1611d. Definitions 

For the purposes of this chapter the term "assistance" does not 
include activities carried on for the purpose of facilitating the pro- 
curement of materials in which the United States is deficient. (Oct. 
26, 1951, ch. 575, title I, § 105, 65 Stat. 646.) 

-NOTE- 
ExcERPr from Senate Rept. 698, 82d Cong., 1st Sess. (1951) 

The committee believes that the security interests of the 
United States with respect to trade between nations receiv- 
ing American military, economic, and financial assistance can 
best be protected if responsibility is clearly fixed in the 
executive branch to take action to prevent aid going to 
countries which export war materials to the Soviet and sat- 
ellite states. H.R. 4550 has that effect. 

The committee believes that some discretion is necessary 
with respect to the shipment of materials other than arms, 
ammunition, implements of war, and atomic energy mate- 
rials to Soviet states since there are undoubtedly a number 
of instances in which such trade might, on balance, be 



[Emphasis supplied.] 



268 



essential to the security interests of the United States and 
to the free world generally. 

The committee believes that responsibility for exercising 
this discretion must be clearly fixed. H.R. 4550 makes this 
determination the responsibility of the President. 

The committee recommends the early approval of this 
bill. 



22 U.S.C. 1962. Military assistance ; use of armed forces 

The President is authorized to undertake, in the general area of 
the Middle East, military assistance programs with any nation or 
group of nations of that area desiring such assistance. Furthermore, 
the United States regards as vital to the national interest and world 
peace the preservation of the independence and integrity of the 
nations of the Middle East. To this end, if the President determines 
the necessity thereof, the United States is prepared to use armed 
forces to assist any such nation or group of such nations requesting 
assistance against armed aggression from any country controlled by 
international communism : Provided, That such employment shall be 
consonant with the treaty obligations of the United States and with 
the Constitution of the United States. (Pub. L. 85-7, § 2, Mar. 9, 
1957, 71 Stat. 5.) 

— N O T E — 

Excerpt from House Reft. 2, 85th Cong., 1st Sess. (1957) 

The broad purpose and policy of the resolution is set 
forth in the preamble. The resolution does not set forth a 
detailed plan or program for dealing with all the major 
problems in the Middle East. It deals with courses of action 
relating to immediate military and economic threats. Other 
basic problems, causing tension in the area, are not dealt 
with in the resolution. The solution of the Arab- Israel con- 
troversy, the resettlement of refugees, the reopening of the 
Suez Canal with the establishment of adequate safeguards 
for the interests of its users, and other problems, are of 
grave importance and should be given continued attention 
by the Executive. 

Positive and comprehensive measures for dealing with the 
fundamental problems of the Middle East should be pre- 
pared and presented by the Executive to the United 
Nations and to the Congress. Sufficient legislative authority 
already exists for the settlement of many phases of these 
problems. Our country should lead in boldly pursuing and 
implementing policies and programs to bring peace, secu- 
rity, and economic stability to the Middle East. 

House Joint Resolution 117 as reported accomplishes 
three primary objectives : 

First, it puts the Soviet Union on notice that the United 
States intends to use its Armed Forces if necessary to 
[Emphasis supplied.] 



269 



secure and protect any nation or group of nations of the 
Middle East requesting such aid against overt armed 
aggression from any nation controlled by international com- 
munism, thus minimizing the possibility of war by miscal- 
culation. 

Second, the resolution is intended to make clear to the 
governments and the people of the Middle East the attitude 
and the policy of the United States toward them. The 
United States makes clear its vital interest in the status of 
that area. The United States also makes clear, however, that 
it believes that its interests can best be protected if the 
nations of the Middle East are able to maintain their inde- 
pendence and integrity, and that the United States policy 
toward the area and its readiness to provide assistance con- 
templates no infringement of the sovereignty of any nation. 

Third, the resolution removes certain restrictions on the 
use of mutual security funds by the President which are 
contained in existing law. No new money is authorized. The 
events of the last few months in the Middle East have not 
only increased the need for assistance to certain nations in 
that area, but have also made necessary a revision of other 
programs. The resolution gives the President greater discre- 
tion as to the use of funds already appropriated. 



22 U.S.C. 1963. United Nations Emergency Force 

The President should continue to furnish facilities and military 
assistance, within the provisions of applicable law and established 
■policies, to the United Nations Emergency Force in the Middle East, 
with a view to maintaining the truce in that region. (Pub. L. 85-7, 
§ 4, Mar. 9, 1957, 71 Stat. 6.) 

[See 22 U.S.C. 1962 (H. Eept. 2) . Supra.'] 



22 U.S.C. 1965. Expiration 

This chapter shall expire when the President shall determine that 
the peace and security of the nations in the general area of the 
Middle East are reasonably assured by international conditions cre- 
ated by action of the United Nations or otherwise except that it may 
be terminated earlier by a concurrent resolution of the two Bouses 
of Congress. (Pub. L. 85-7, § 6, Mar. 9, 1957, 71 Stat. 6.) 



22 U.S.C. 2370. Prohibitions against furnishing assistance 
(a) Cuba ; embargo on all trade. 

(1) No assistance shall be furnished under this chapter to the 
present government of Cuba; nor shall any such assistance be fur- 

[Emphasis supplied.] 



21-509 O - 73 - 19 



270 



nished to any country which furnishes assistance to the present gov- 
ernment of Cuba unless the President determines that such assist- 
ance is in the national interest of the United States. As an 
additional means of implementing and carry into effect the policy of 
the preceding sentence, the President is authorized to establish and 
maintain a total embargo upon all trade between the United States 
and Cuba. 

(2) Except a9 may be deemed necessary by the President in the 
interest of the United States, no assistance shall be furnished under 
this chapter to any government of Cuba, nor shall Cuba be entitled 
to receive any quota authorizing the importation of Cuban sugar 
into the United States or to receive any other benefit under any law 
of the United States, until the President determines that such gov- 
ernment has taken appropriate steps according to international law 
standards to return to United States citizens, and to entities not less 
than 50 per centum beneficially owned by United States citizens or 
to provide equitable compensation to such citizens and entities for 
property taken from such citizens and entities on or after January 
1, 1959, by the Government of Cuba. 

(3) No funds authorized to be made available under this chapter 
(except under section 2174 of this title) shall be used to furnish 
assistance to any country which has failed to take appropriate steps, 
not later than 60 days after December 16, 1963 — 

(A) to prevent ships or aircraft under its registry from 
transporting to Cuba (other than to United States installations 
in Cuba) — 

(i) any items of economic assistance, 

(ii) any items which are, for the purposes of title I of 
the Mutual Defense Assistance Control Act of 1951, as 
amended, arms, ammunition and implements of war, atomic 
energy materials, petroleum, transportation materials of 
strategic value, or items of primary strategic significance 
used in the production of arms, ammunition, and imple- 
ments of war, or 

(iii) any other equipment, materials, or commodities, 
so long as Cuba is governed by the Castro regime; and 

(B) to prevent ships or aircraft under its registry from 
transporting any equipment, materials, or commodities from 
Cuba (other than from United States installations in Cuba) so 
long as Cuba is governed by the Castro regime. 

(b) Presidential determination of domination or control by inter- 
national Communist movement. 

No assistance shall be furnished under this chapter to the govern- 
ment of any country unless the President determines that such coun- 
try is not dominated or controlled by the international Communist 
movement. 

(c) Indebtedness of foreign country to United States citizen or 
person. 

No assistance shall be provided under this chapter to the govern- 
ment of any country which is indebted to any United States citizen 
or person for goods or services furnished or ordered where (i) such 

[Emphasis supplied.] 



271 



citizen or person has exhausted available legal remedies, which shall 
include arbitration, or (ii) the debt is not denied or contested by 
such government, or (iii) such indebtedness arises under an uncondi- 
tional guaranty of payment given by such government, or any pred- 
ecessor government, directly or indirectly, through any controlled 
entity: Provided, That the President does not find such action con- 
trary to the national security. 

(d) Productive enterprises competing with United States enter- 
prise; conditions on assistance; import controls; waiver of restric- 
tion by President. 

No assistance shall be furnished under section 2161 of this title 
for construction or operation of any productive enterprise in any 
country where such enterprise will compete with United States 
enterprise unless such country has agreed that it will establish 
appropriate procedures to prevent the exportation for use or con- 
sumption in the United States of more than twenty per centum of 
the annual production of such facility during the life of the loan. In 
case of failure to implement such agreement by the other contracting 
party, the President i9 authorized to establish necessary import con- 
trols to effectuate the agreement. The restrictions imposed by or pur- 
suant to this subsection may be waived by the President where he 
determines that such waiver is in the national security interest. 

(e) Nationalization, expropriation or seizure of property of 
United States citizens, or taxation or other exaction having same 
effect; failure to compensate or to provide relief from taxes, exac- 
tions, or conditions; report on full value of property by Foreign 
Claims Settlement Commission ; act of state doctrine. 

(1) The President shall suspend assistance to the government of 
any country to which assistance is provided under this chapter or 
any other Act when the government of such country or any govern- 
ment agency or subdivision within such country on or after January 1, 
1962— 

(A) has nationalized or expropriated or seized ownership or 
control of property owned by any United States citizen or by 
any corporation, partnership, or association not less than 50 per 
centum beneficially owned by United States citizens, or 

(B) has taken steps to repudiate or nullify existing contracts 
or agreements with any United States citizen or any corpora- 
tion, partnership, or association not less than 50 per centum 
beneficially owned by United States citizens, or 

(C) has imposed or enforced discriminatory taxes or other 
exactions or restrictive maintenance or operational conditions, or 
has taken other actions, which have the effect of nationalizing, 
expropriating, or otherwise seizing ownership or control of 
property so owned, 

and such country, government agency, or government subdivision fails 
within a reasonable time (not more than six months after such action, 
or, in the event of a referral to the Foreign Claims Settlement Com- 
mission of the United States within such period as provided herein, not 
more than twenty days after the report of the Commission is received) 
to take appropriate steps, which may include arbitration, to discharge 
its obligations under international law toward such citizen or entity, 



272 



including speedy compensation for such property in convertible for- 
eign exchange, equivalent to the full value thereof, as required by inter- 
national law, or fails to take steps designed to provide relief from 
such taxes, exactions, or conditions, as the case may be; and such 
suspension shall continue until the President is satisfied that appro- 
priate steps are being taken, and no other provision of this chapter 
shall be construed to authorize the President to waive the provisions 
of this subsection. 

Upon request of the President (within seventy days after such 
action referred to in subparagraphs (A), (B), or (C) of this para- 
graph, the Foreign Claims Settlement Commission of the United 
States (established pursuant to Reorganization Plan No. 1 of 1954, 
68 Stat. 1279) is hereby authorized to evaluate expropriated prop- 
erty, determining the full value of any property nationalized, expro- 
priated, or seized, or subjected to discriminatory or other actions as 
aforesaid, for purposes of this subsection and to render an advisory 
report to the President within ninety days after such request. Unless 
authorized by the President, the Commission shall not publish its 
advisory report except to the citizen or entity owning such property. 
There is hereby authorized to be appropriated such amount, to 
remain available until expended, as may be necessary from time to 
time to enable the Commission to carry out expeditiously its func- 
tions under this subsection. 

(2) Notwithstanding any other provision of law, no court in the 
United States shall decline on the ground of the federal act of state 
doctrine to make a determination on the merits giving effect to the 
principles of international law in a case in which a claim of title or 
other rights to property is asserted by any party including a foreign 
state (or a party claiming through such state) based upon (or traced 
through) a confiscation or other taking after January 1, 1959, by an 
act of that state in violation of the principles of international law, 
including the principles of compensation and the other standards set 
out in this subsection: Provided, That this subparagraph shall not 
be applicable (1) in any case in which an act of a foreign state is 
not contrary to international law or with respect to a claim of title 
or other right to property acquired pursuant to an irrevocable letter 
of credit of not more than 180 days duration issued in good faith 
prior to the time of the confiscation or other taking, or (2) in any 
case with respect to which the President determines that application 
of the act of state doctrine is required in that particular case by the 
foreign policy interests of the United States and a suggestion to this 
effect is filed on his behalf in that case with the court. 

(f) Prohibition against assistance to Communist countries; condi- 
tions for waiver of restriction by President; enumeration of Com- 
munist countries. 

No assistance shall be furnished under this chapter (except sec- 
tion 2174(b) of this title) to any Communist country. This 
restriction may not be waived pursuant to any authority contained 
in this chapter unless the President finds and promptly reports to 
Congress that: (1) such assistance is vital to the security of the 
United States; (2) the recipient country is not controlled by the 



273 



international Communist conspiracy; and (3) such assistance will 
further promote the independence of the recipient country from 
international communism. For the purposes of this subsection, the 
phrase, "Communist country" shall include specifically, but not be 
limited to, the following countries : 

Peoples Republic of Albania, 

Peoples Republic of Bulgaria, 

Peoples Republic of China, 

Czechoslovak Socialist Republic, 

German Democratic Republic (East Germany) 

Estonia, 

Hungarian Peoples Republic, 

Latvia, 

Lithuania, 

North Korean Peoples Republic, 
North Vietnam, 

Outer Mongolia-Mongolian Peoples Republic, 
Polish Peoples Republic, 
Rumanian Peoples Republic, 
Tibet, 

Federal Peoples Republic of Yugoslavia, 
Cuba, and 

Union of Soviet Socialist Republics (including its captive constitu- 
ent republics) . 

(g) Use of assistance funds to compensate owners for expropri- 
ated or nationalized property. 

Notwithstanding any other provision of law, no monetary assist- 
ance shall be made available under this chapter to any government 
or political subdivision or agency of such government which will be 
used to compensate owners for expropriated or nationalized prop- 
erty and, upon finding by the President that such assistance has 
been used by any government for such purpose, no further assistance 
under this chapter shall be furnished to such government until 
appropriate reimbursement is made to the United States for sums so 
diverted. 

(h) Regulations and procedures to insure aid is not used contrary 
to the best interest of the United States. 

The President shall adopt regulations and establish procedures to 
insure that United States foreign aid is not used in a manner which, 
contrary to the best interests of the United States, promotes or as- 
sists the foreign aid projects or activities of the Communist-bloc 
countries. 

(i) Denial of assistance to countries preparing for aggressive mil- 
itary efforts. 

No assistance shall be provided under this chapter or any other 
Act, and no sales shall be made under the Agricultural Trade Devel- 
opment and Assistance Act of 1954, to any country which the Presi- 
dent determines is engaging in or preparing for aggressive military 
efforts, or which hereafter is officially represented at any interna- 
tional conference when that representation includes the planning of 



274 



activities involving insurrection or subversion, which military 
efforts, insurrection, or subversion, are directed against — 
m the United States, 

(2) any country receiving assistance under this chapter or 
any other Act, or 

(3) any country to which sales are made under the Agricul- 
tural Trade Development and Assistance Act of 1954, 

until the President determines that such military efforts or prepara- 
tions have ceased, or such representation has ceased, and he reports 
to the Congress that he has received assurances satisfactory to him 
that sucli military efforts or preparations will not be renewed, or 
that such representation will not be renewed or repeated. This 
restriction may not be waived pursuant to any authority contained 
in this chapter. 

(j) Damage or destruction by mob action of United States prop- 
erty ; termination of assistance. 

The President shall consider terminating assistance under this 
chapter or any other Act to any country which permits, or fails to 
take adequate measures to prevent, the damage or destruction by 
mob action of United States property within such country, and fails 
to take appropriate measures to prevent a recurrence thereof and to 
provide adequate compensation for such damage or destruction. 

(k) Maximum amount of assistance, including military assistance to 
individual countries without approval of or presentation to Congress. 

Without the express approval of Congress, no assistance shall be 
furnished under this chapter to any country for construction of any 
productive enterprise with respect to which the aggregate value of 
assistance to be furnished by the United States will exceed 
$100,000,000. Except as otherwise provided in section 2318 of this 
title, no military assistance shall be furnished to any country under 
this chapter for carrying out any program, with respect to which 
the aggregate value of assistance to be furnished beginning July 1, 
1966, by the United States will exceed $100,000,000 unless such pro- 
gram has been included in the presentation to the Congress during 
its consideration of authorizations for appropriations under this 
chapter or of appropriations pursuant to authorizations contained in 
this chapter. No provision of this chapter or any other Act shall be 
construed to authorize the President to waive the provisions of this 
subsection. 

(1) Institution of investment guaranty program. 
The President shall consider denying assistance under this chapter 
to the government of any less developed country which, after 
December 31, 1966, has failed to enter into an agreement with the 
President to institute the investment guaranty program under sec- 
tion 2181(b)(1) of this title, providing protection against the spe- 
cific risks of inconvertibility under subparagraph (A), and expro- 



(m) Grants to nations able to sustain burden of defense and eco- 
nomic growth. 

[Emphasis supplied.] 



priation or confiscation under 
2181(b)(1). 




275 



No assistance shall be furnished on a grant basis under this chap- 
ter to any economically developed nation capable of sustaining its 
own defense burden and economic growth, except (1) i to fulfill firm 
commitments made prior to July 1, 1963, or (2) additional orienta- 
tion and training expenses under subchapter II hereof during each 
fiscal year in an amount not to exceed $500,000. 

(n) Prohibition of assistance to countries engaged in North Viet- 
nam trade. 

No loans, credits, guaranties, or grants or other assistance shall be 
furnished under this chapter or any other Act, and no sales shall be 
made under the Agricultural Trade Development and Assistance Act 
of 1954, to any country which sells or furnishes to North Vietnam, 
or which permits ships or aircraft under its registry to transport to 
or from North Vietnam, any equipment, materials, or commodities, 
so long as the regime in North Vietnam gives support to hostilities 
in South Vietnam. 

(o) Exclusion from assistance of countries seizing or imposing 
penalties or sanctions against United States fishing vessels. 

In determining whether or not to furnish assistance under this 
chapter, consideration shall be given to excluding from such assist- 
ance any country which hereafter seizes, or imposes any penalty or 
sanction against, any United States fishing vessel on account of its 
fishing activities in international waters. The provisions of this 
subsection shall not be applicable in any case governed by interna- 
tional agreement to which the United States is a party. 

(p) United Arab Republic to receive assistance if essential to 
national interest of United States and of no aid to aggressive 
actions; reports to Congressional committees. 

No assistance shall be furnished under this chapter to the United 
Arab Republic unless the President finds and reports within thirty 
days of such finding to the Committee on Foreign Relations of the 
Senate and the Speaker of the House of Representatives that such 
assistance is essential to the national interest of the United States, 
and further that such assistance will neither directly nor indirectly 
assist aggressive actions by the United Arab Republic. 

(q) Defaults in principal or interest payments on loans; meeting 
obligations under loans; notice to Congressional committees. 

No assistance shall be furnished under this chapter to any country 
which is in default, during a period in excess of six calendar 
months, in payment to the United States of principal or interest on 
any loan made to such country under this chapter, unless such coun- 
try meets its obligations under the loan or unless the President 
determines that assistance to such country is in the national interest 
and notifies the Speaker of the House of Representatives and the 
Committee on Foreign Relations of the Senate of such determina- 
tion. 

(r) Liability for repayment of principal or interest on loans out- 
standing after September 19, 1966. 

No recipient of a loan made under the authority of this chapter, 
any part of which is outstanding on or after September 19, 1966, 
shall be relieved of liability for the repayment of any part of the 
principal of or interest on such loan. 



276 



(s) Restraint of arms races and proliferation of sophisticated 
weapons^ ^ ^ rest rain arms races and proliferation of sophisti- 
cated weapons, and to ensure that resources ^^p""™ 
development are not diverted to military purposes, the President 
shall take into account before furnishing development loans, Alli- 
ance loans or supporting assistance to any country under this chap- 
ter, and before makinglales under the Agricultural Trade Develop- 
ment and Assistant Act of 1954, as amended : 

(A) the percentage of the recipient or purchasing country s 
budget which is devoted to military purposes; 

(B) the degree to which the recipient or purchasing country 
in using its foreign exchange resources to acquire military 
equipment; and . . . , 

(C) the amount spent by the recipient or purchasing country 
for the purchase of sophisticated weapons systems, such as mis- 
sile systems and jet aircraft for military purposes, from any 
country. , , 

(2) The President shall report annually to the Speaker ol tne 
House of Representatives and the Committee on Foreign Relations 
of the Senate his actions in carrying out this provision. 

(t) Diplomatic relations; severance, resumption, and negotiation 
of agreements. 

No assistance shall be furnished under this chapter or any other 
Act, and no sales shall be made under the Agricultural Trade Devel- 
opment and Assistance Act of 1954, in or to any country which has 
severed or hereafter severs diplomatic relations with the United 
States or with which the United States has severed or hereafter 
severs diplomatic relations unless (1) diplomatic relations have been 
resumed with such country and (2) agreements for the furnishing of 
such assistance or the making of such sales, as the case may be, have 
been negotiated and entered into after the resumption of diplomatic 
relations with such country. 

(u) Status of country with respect to obligations to the United 
Nations ; report to Congress. 

In any decision to provide or continue to provide any program of 
assistance to any country under the Foreign Assistance Act of 1961, 
as amended, there shall be taken into account the status of the coun- 
try with respect to its dues, assessments, and other obligations to the 
United Nations; and where such country is delinquent with respect 
to any such obligations for the purposes of the first sentence of Arti- 
cle 19 of the United Nations Charter, the President shall furnish the 
Committee on Foreign Relations of the Senate and the Speaker of 
the House of Representatives a report setting forth the assurance 
given by the government of the country concerned of paying all of 
its arrearages and of placing its payments of such obligations on a 
current basis, or a full explanation of the unusual or exceptional cir- 
cumstances which render it economically incapable of giving such 
assurance. (Pub. L. 87-195, pt. Ill, § 620, Sept. 4, 1961, 75 Stat. 
444; Pub. L. 87-565, pt. Ill, § 301(d), Aug. 1, 1962, 76 Stat. 260; 
Pub. L. 88-205, pt. Ill, § 301(e), Dec 16, 1963, 77 Stat. 386; Pub. 

[Emphasis supplied.] 



277 



L. 88-633, pt. Ill, § 301(d)-(g), Oct. 7, 1964, 78 Stat 1013; Pub. 
L. 89-171, pt. Ill, § 301(d), Sept. 6, 1965, 79 Stat. 659; Pub. L. 

89- 583, pt. Ill, § 301(h), Sept. 19, 1966, 80 Stat. 805, 806; Pub. L. 

90- 137, pt. Ill, § 301(f), Nov. 14, 1967, 81 Stat. 459; Pub. L. 

90- 554, pt. Ill, § 301(c). Oct. 8, 1968, 82 Stat. 963; Pub. L. 

91- 175, pt. Ill, § 303, Bee. 30, 1969, 83 Stat. 820. ) 

— N 0 T E — 

Excef.pt From House Kept. 1818, 87th Cong., 1st Sess. (1961) 

The managers on the part of the House accepted the 
Senate provision which does not enumerate specific coun- 
tries. The language agreed to clearly expresses the require- 
ment that no assistance shall be furnished to the govern- 
ment of any country unless the President determines that 
such country is not dominated or controlled by the interna- 
tional Communist movement. It is believed that the Execu- 
tive should be given full responsibility for determining 
whether or not any country is dominated or controlled by 
the international Communist movement and should be 
required to maintain continuous vigilance with respect to 
this matter and make adjustments in its policy whenever 
necessary. Consideration was given to the possibility that 
the enumeration of specific countries might relieve the 
Executive of a certain amount of responsibility and might 
make the Executive less zealous in including additional gov- 
ernments in the list when changes occurred altering their 
relationship to the Soviet Union. 

The managers on the part of the House accepted the pro- 
vision of section 642 of the Senate bill which continues in 
effect section 143 of the existing Mutual Security Act 
requiring specified assurances as a condition of assistance to 
Yugoslavia. 

ASSISTANCE TO AND TRADE WITH CUBA (SEC. 620 (a)) 

Section 618 of the House amendment provided that no 
assistance would be furnished to the present Government of 
Cuba ; the President is authorized to establish and maintain 
a total embargo on trade by the United States and Cuba; 
and the furnishing of assistance to any country which fur- 
nished assistance to the present Government of Cuba was 
prohibited, unless the President determined such assistance 
was in the national and hemispheric interests of the United 
States. 

The Senate bill retained section 552 of the Mutual Secu- 
rity Act of 1954, as amended, which provided simply that 
no assistance should be furnished to Cuba under this Act 
after the date of enactment of the Mutual Security Act of 
1960 unless the President determined that the assistance was 



[Emphasis supplied.] 



278 



in the national and hemispheric interests of the United 
States. 

The managers on the part of the House receded from the 
requirement that no assistance should be furnished any 
country which furnished assistance to the present Govern- 
ment of Cuba, recognizing that a finding based upon 
national interest and hemispheric interests could be conflict- 
ing. It might well be that to continue assistance to a coun- 
try outside the Western Hemisphere would be in the 
national interest but would not involve the hemispheric 
interest. Therefore, the Senate position regarding the elimi- 
nation of this requirement was accepted. 



22 U.S.C. 2410. Sale of supersonic planes to Israel 

It is the sense of the Congress that the President should take such 
steps as may be necessary, as soon as practicable after October 8, 
1968, to negotiate an agreement with the Government of Israel pro- 
viding for the sale by the United States of such number of super- 
sonic planes as may be necessary to provide Israel with an adequate 
deterrent force capable of preventing future Arab aggression by 
offsetting sophisticated weapons received by the Arab States and to 
replace losses suffered by Israel in the 1967 conflict. (Pub. L. 
87-195, pt. Ill, § 651, as added Pub. L. 90-554, pt. Ill, § 303, Oct. 8, 
1968, 82 Stat. 966.) 

—NOTE- 
EXCERPT From Senate Reft. 1479, 90th Cong., 2d Sess. (1968) 

SALE OF SUPERSONIC PLANES TO ISRAEL 

The bill adds a new section 651 to the act expressing the 
sense of Congress that the United States should sell to 
Israel such number of supersonic planes as may be neces- 
sary "to provide Israel with an adequate deterrent force 
capable of preventing future Arab aggression by offsetting 
sophisticated weapons received by the Arab States and to 
replace losses suffered by Israel in the 1967 conflict." 

The section is a statement of policy. The committee has in 
mind a cash sale for dollars, but the precise terms, as well 
as the number and type of aircraft, are left to the discre- 
tion of the President. 



Title 25 — Indians 



25 U.S.C. 72. Abrogation of treaties 

Whenever the tribal organization of any Indian tribe is in actual 
hostility to the United States, the President is authorized, by procla- 
mation, to declare all treaties with such tribe abrogated by such 

[Emphasis supplied.] 



279 



tribe if in his opinion the same can be done consistently with good 
faith and legal and national obligations. (R.S. § 2080.) 



Title 26 — Internal Revenue Code 



26 U.S.C. 168. Amortization of emergency facilities 

(a) General rule. 

Every person, at his election, shall be entitled to a deduction with 
respect to the amortization of the adjusted basis (for determining 
gain) of any emergency facility (as denned in subsection (d)), based 
on a period of 60 months. Such amortization deduction shall be an 
amount, with respect to each month of such period within the taxa- 
ble year, equal to the adjusted basis of the facility at the end of 
such month divided by the number of months (including the month 
for which the deduction is computed) remaining in the period. Such 
adjusted basis at the end of the month shall be computed without 
regard to the amortization deduction for such month. The amortiza- 
tion deduction above provided with respect to any month shall, 
except to the extent provided in subsection (f), be in lieu of the 
depreciation deduction with respect to such facility for such month 
provided by section 167. The 60-month period shall begin as to any 
emergency facility, at the election of the taxpayer, with the month 
following the month in which the facility was completed or 
acquired, or with the succeeding taxable year. 

(b) Election of amortization. 

The election of the taxpayer to take the amortization deduction 
and to begin the 60-month period with the month following the 
month in which the facility was completed or acquired, or with the 
taxable year succeeding the taxable year in which such facility was 
completed or acquired, shall be made by filing with the Secretary or 
his delegate, in such manner, in such form, and within such time, as 
the Secretary or his delegate may by regulations prescribe, a state- 
ment of such election. 

(c) Termination of amortization deduction. 

A taxpayer which has elected under subsection (b) to take the 
amortization deduction provided in subsection (a) may, at any time 
after making such election, discontinue the amortization deduction 
with respect to the remainder of the amortization period, such dis- 
continuance to begin as of the beginning of any month specified by 
the taxpayer in a notice in writing filed with the Secretory or his 
delegate before the beginning of such month. The depreciation 
deduction provided under section 167 shall be allowed, beginning 
with the first month as to which the amortization deduction does not 
apply and the taxpayer shall not be entitled to any further amorti- 
zation deduction with respect to such emergency facility. 

(d) Definitions. 

(1) Emergency facility. 



280 



For purposes of this section, the term "emergency facility 
means any facility, land, building, machinery, or equipment, or 
any part thereof, the construction, reconstruction, erection, 
installation, or acquisition of which was completed after Decem- 
ber 81, 1949, and with respect to which a certificate under 
subsection (e) has been made. In no event shall an amortization 
deduction be allowed in respect of any emergency facility for 
any taxable year unless a certificate in respect thereof under this 
paragraph shall have been made before the filing of the taxpay- 
er's return for such taxable year. 

(2) Emergency period. 

For purposes of this section, the term ''emergency period" 
means the period beginning January 1, 1950, and ending on the 
date on which the President proclaims that the utilization of a 
substantial portion of the emergency facilities with respect to 
which certifications under subsection (e) have been made is no 
longer required in the interest of national defense. 

(e) Determination of adjusted basis of emergency facility. 

In determining, for purposes of subsection (a) or (g), the 
adjusted basis of an emergency facility — 

( 1 ) Certification on or before August 22, 1957. 

In the case of a certificate made on or before August 22, 1957, 
there shall be included only so much of the amount of the 
adjusted basis of such facility (computed without regard to this 
section) as is properly attributable to such construction, recon- 
struction, erection, installation, or acquisition after December 
31, 1949, as the certifying authority, designated by the President 
by Executive Order, has certified as necessary in the interest of 
national defense during the emergency period, and only such 
portion of such amount as such authority has certified as attrib- 
utable to defense purposes. Such certification shall be under 
such regulations as may be prescribed from time to time by such 
certifying authority with the approval of the President. An 
application for a certificate must be filed at such time and in 
such manner as may be prescribed by such certifying authority 
under such regulations, but in no event shall such certificate 
have any effect unless an application therefor is filed before 
March 24, 1951, or before the expiration of 6 months after the 
beginning of such construction, reconstruction, erection, or 
installation or the date of such acquisition, whichever is later. 

(2) Certifications after August 22, 1957. 

In the case of a certificate made after August 22, 1957, there 
shall be included only so much of the amount of the adjusted 
basis of such facility (computed without regard to this section) 
as is properly attributable to such construction, reconstruction, 
erection, installation, or acquisition after December 31, 1949, as 
the certifying authority designated by the President by Execu- 
tive order, has certified is to be used — 

(A) to produce now or specialized defense items or com- 
ponents of new or specialized defense items (as defined in 
paragraph (4) during the emergency period, 



281 



(B) to provide research, developmental, or experimental 
services during the emergency period for the Department of 
Defense- (or one of the component departments of such 
Department), or for the Atomic Energy Commission, as a 
part of the national defense program, or 

(C) to provide primary processing for uranium ore or 
uranium concentrate under a program of the Atomic 
Energy Commission for the development of new sources of 
uranium ore or uranium concentrate, 

and only such portion of such amount as such authority has cer- 
tified is attributable to the national defense program. Such cer- 
tification shall be under such regulations as may be prescribed 
from time to time by such certifying authority with the 
approval of the President. An application for a certificate must 
be filed at such time and in such manner as may be prescribed 
by such certifying authority under such regulations but in no 
event shall such certificate have any effect unless an application 
therefor is filed before the expiration of 6 months after the 
beginning of such construction, reconstruction, erection, or 
installation or the date of such acquisition. For purposes of the 
preceding sentence, an application which was timely filed under 
this subsection on or before August 22, 1957, and which was 
pending on such date, shall be considered to be an application 
timely filed under this paragraph. 

(3) Separate facilities ; special rule. 

After the completion or acquisition of any emergency facility 
with respect to which a certificate under paragraph (1) or (2) 
has been made, any expenditure (attributable to such facility 
and to the period after such completion or acquisition) which 
does not represent construction, reconstruction, erection, installa- 
tion, or acquisition included in such certificate, but with respect 
to which a separate certificate is made under paragraph (1) or 
(2), shall not be applied in adjustment of the basis of such 
facility, but a separate basis shall be computed therefor pur- 
suant to paragraph (1) or (2), as the case may be, as if it were 
a new and separate emergency facility. 

(4) Definitions. 

For purposes of paragraph (2) — 

(A) New or specialized defense item. 

The term "new or specialized defense item" means only 
an item (excluding services) — 

(i) which is produced, or will be produced, for sale 
to the Department of Defense (or one of the component 
departments of such Department), or to the Atomic 
Energy Commission, for use in the national defense 
program, and 

(li) for the production of which existing productive 
facilities are unsuitable because of its newness or of its 
specialized defense features. 

(B) Component of new or specialized defense item. 

The term component of a new or specialized defense item 
means only an item — 



282 



(i) which is, or will become, a physical part of a new 
or specialized defense item, and 

(li) for the production of which existing productive 
facilities are unsuitable because of its newness or of its 
specialized defense features. 
(5) Limitation with respect to uranium ore or uranium concen- 
trate processing facilities. 

No certificate shall be made under paragraph (2) (C) with 
respect to any facility unless existing facilities for processing 
the uranium ore or uranium concentrate which will be processed 
by such facility are unsuitable because of their location. 

(f) Depreciation deduction. 

If the adjusted basis of the emergency facility (computed without 
regard to this section) is in excess of the adjusted basis computed 
under subsection (e), the depreciation deduction provided by section 
167 shall, despite the provisions of subsection (a) of this section, be 
allowed with respect to such emergency facility as if its adjusted 
basis for the purpose of such deduction were an amount equal to the 
amount of such excess. 

(g) Payment by United States of unamortized cost of facility. 

If an amount is properly includible in the gross income of the 
taxpayer on account of a payment with respect to an emergency 
facility and such payment is certified as provided in paragraph (1), 
then, at the election of the taxpayer in its return for the taxable 
year in which such amount is so includible — 

(1) The amortization deduction for the month in which such 
amount is so includible shall (in lieu of the amount of the 
deduction for such month computed under subsection (a)) be 
equal to the amount so includble but not in excess of the 
adjusted basis of the emergency facility as of the end of such 
month (computed without regard to any amortization deduction 
for such month). Payments referred to in this subsection shall 
be payments the amounts of which are certified, under such reg- 
ulations as the President may prescribe, by the certifying 
authority designated by the President as compensation to the 
taxpayer for the unamortized cost of the emergency facility 
made because — 

(A) a contract with the United States involving the use 
of the facility has been terminated by its terms or by can- 
cellation, or 

(B) the taxpayer had reasonable ground (either from 
provisions of a contract with the United States involving 
the use of the facility, or from written or oral representa- 
tions made under authority of the United States) for antic- 
ipating future contracts involving the use of the facility, 
which future contracts have not been made. 

(2) In case the taxpayer is not entitled to any amortization 
deduction with respect to the emergency facility, the deprecia- 
tion deduction allowable under section 167 on account of the 
month in which such amount is so includible shall be increased 
by such amount, but such deduction on account of such month 
shall not be m excess of the adjusted basis of the emergency 



283 



facility as of the end of such month (computed without regard 
to any amount allowable, on account of such month, under sec- 
tion 167 or this paragraph). 

(h) Life tenant and remainderman. 

In the case of property held by one person for life with remainder 
to another person, the deduction shall be computed as if the life 
tenant were the absolute owner of the property and shall be allowable 
to the life tenant. 

(i) Termination. 

No certificate under subsection (e) shall be made with respect to 
any emergency facility after December 31, 1959. 
(j) Cross reference. 

For special rule with respect to gain derived from the sale or 
exchange of property the adjusted basis of which is determined with 
regard to this section, see section 1238. 

(Aug. 16, 1954, ch. 736, 68A Stat. 52; Aug. 26, 1957, Pub. L. 
85-165, § 4, 71 Stat. 414; Sept. 2, 1958, Pub. L. 85-866, title I, § 9 
(a), (b), 72 Stat. 1608, 1609.) 

— NOTE— 

Excerpt From Senate Reft. 836 (Minority), 85th Cong., 
1st Sess. (1957) 

SECTION 4 — limitation on emergency amortization 

Section 4 of the bill amends section 168 of the Internal 
Revenue Code of 1954, which relates to the rapid amortiza- 
tion of emergency facilities. Subsection (a) amends subsec- 
tion (e) (1) of section 168, which contains the authorization 
for the certifying authority designated by the President to 
certify for emergency amortization such facilities as are 
"necessary in the interest of national defense during the 
emergency period." The amendment limits this broad 
authorization to certifications made on or before August 22, 
1957. This termination will have no effect on the status of 
certificates issued prior to that date. If a taxpayer who was 
granted a certificate prior to August 22, 1957, then acquires 
a facility so different from the facility described in the 
original certificate as to require, under regulations of the 
Office of Defense Mobilization a new application for an 
amended certificate then the new application, if acted upon 
after August 22, 1957, will be subject to paragraph (2). 
Similarly, renewal, after August 22, 1957, of a certificate 
which has expired prior to its renewal will be subject to 
paragraph (2). 

Subsection (b) inserts a new paragraph (2) in section 168 
(e) to provide the conditions upon which certifications for 
rapid amortization may be made after August 22, 1957. In 
general, the new subsection (2) follows the concepts of the 
present subsection (1) except that more specific conditions 



[Emphasis supplied.] 



284 



for certifiability are inserted in lieu of the present concept 
"necessary in the interest of national defense." For certifi- 
cation after August 22, the facilities must be planned to 
produce new or specialized defense items (as denned in par. 
i) , or components thereof, during the emergency period, or 
to provide research, developmental or experimental services 
for the Department of Defense or one of its components or 
for the Atomic Energy Commission in connection with 
their national defense programs. The certifications for facil- 
ities to perform research, developmental or experimental 
services may not be made for facilities connected with the 
civil functions of the Defense Department or in connection 
with work on peacetime usage of atomic energy that might 
be undertaken by the Atomic Energy Commission. 



26 U.S.C. 7508. Time tor performing certain acts postponed by 

REASON OP WAR 

(a) Time to be disregarded. 

In the case of an individual serving in the Armed Forces of the 
United States, or serving in support of such Armed Forces, in an 
area designated by the President of the United States by Executive 
order as a "combat zone" for purposes of section 112, at any time 
during the period designated by the President by Executive order as 
the period of combatant activities in such zone for purposes of such 
section, or hospitalized outside the States of the Union and the Dis- 
trict of Columbia as a result of injury received while serving in such 
an area during such time, the period of service in such area, plus the 
period of continuous hospitalization outside the States of the Union 
and the District of Columbia attributable to such injury, and the 
next 180 days thereafter, shall be disregarded in determining, under 
the internal revenue laws, in respect of any tax liability (including 
any interest, penalty, additional amount, or addition to the tax) of 
such individual — 

(1) Whether any of the following acts was performed within 
the time prescribed therefor: 

(A) Filing any return of income, estate, or gift tax 
(except income tax withheld at source and income tax 
imposed by subtitle C or any law superseded thereby) ; 

(B) Payment of any income, estate, or gift tax (except 
income tax withheld at source and income tax imposed by 
subtitle C or any law superseded thereby) or any install- 
ment thereof or of any other liability to the United States 
in respect thereof ; 

(C) Filing a petition with the Tax Court for redetermi- 
nation of a deficiency, or for review of a decision rendered 
by the Tax Court ; 

D) Allowance of a credit or refund of any tax ; 

E) Filing a claim for credit or refund of any tax; 
[Emphasis supplied.] 



285 



(F) Bringing suit upon any such claim for credit or 
refund ; 

(G) Assessment of any tax ; 

(H) Giving or making any notice or demand for the 
payment of any tax, or with respect to any liability to the 
United States in respect of any tax ; 

(I) Collection, by the Secretary or his delegate, by levy 
or otherwise, of the amount of any liability in respect of 
any tax ; 

(J) Bringing suit by the United States, or any officer on 
its behalf, in respect of any liability in respect of any tax ; 
and 

(K) Any other act required or permitted under the inter- 
nal revenue laws specified in regulations prescribed under 
this section by the Secretary or his delegate; 
(2) The amount of any credit or refund (including interest), 
(b) Exceptions. 

(1) Tax in jeopardy; bankruptcy and receiverships; and trans- 
ferred assets. 

Notwithstanding the provisions of subsection (a), any action or 
proceeding authorized by section 6851 (regardless of the taxable 
year for which the tax arose) , chapter 70, or 71, as well as any other 
action or proceeding authorized by law in connection therewith, may 
be taken, begun, or prosecuted. In any other case in which the Secre- 
tary or his delegate determines that collection of the amount of any 
assessment would be jeopardized by delay, the provisions of subsec- 
tion (a) shall not operate to stay collection of such amount by levy 
or otherwise as authorized by law. There shall be excluded from any 
amount assessed or collected pursuant to this paragraph the amount 
of interest, penalty, additional amount, and addition to the tax, if 
any, in respect of the period disregarded under subsection (a). In 
any case to which this paragraph relates, if the Secretary or his del- 
egate is required to give any notice to or make any demand upon 
any person, such requirement shall be deemed to be satisfied if the 
notice or demand is prepared and signed, in any case in which the 
address of such person last known to the Secretary or his delegate is 
in an area for which United States post offices under instructions of 
the Postmaster General are not, by reason of the combatant activi- 
ties, accepting mail for delivery at the time the notice or demand is 
signed. In such case the notice or demand shall be deemed to have 
been given or made upon the date it is signed. 

(2) Action taken before ascertainment of right to benefits. 

The assessment or collection of any internal revenue tax or of any 
liability to the United States in respect of any internal revenue tax, 
or any action or proceeding by or on behalf of the United States in 
connection therewith, may be made, taken, begun, or prosecuted in 
accordance with law, without regard to the provisions of subsection 
(a), unless prior to such assessment, collection, action, or proceeding 
it is ascertained that the person concerned is entitled to the benefits 
of subsection (a). 

(Aug. 16, 1954, ch. 736, 68A Stat. 898.) 



286 

Title 29 — Labor 



29 U.S.C. 176. National emergencies ; appointment or board of in- 
quiry by President; report; contents; filing with Service 

Whenever in the opinion of the President of the United Statet, a 
threatened or actual strike or lockout affecting an entire industry or 
a substantial part thereof engaged in trade, commerce, transporta- 
tion, transmission, or communication among the several States or 
with foreign nations, or engaged in the production of goods for 
commerce, will, if permitted to occur or to continue, imperil the 
national health or safety, he may appoint a board of inquiry to 
inquire into the issues involved in the dispute and to make a written 
report to him within such time as he shall prescribe. Such report 
shall include a statement of the facts with respect to the dispute, 
including each party's statement of its position but shall not contain 
any recommendations. The President shall file a copy of such report 
with the Service and shall make its contents available to the public. 
(June 23, 1947, ch. 120, title II, § 206, 61 Stat. 155.) 

—NOTE- 
EXCERPT from House Reft. 245, 80th Cono., 1st Sess. (1947) 

Section 206 of the Senate amendment authorized the 
Attorney General, whenever he deemed that a threatened or 
actual strike or lock-out affecting an entire industry would 
imperil the national health or safety, to appoint a board of 
inquiry to inquire into the issues involved in the dispute. 
The board of inquiry was directed to investigate the matter 
and make a report to the Attorney General. The report was 
to include a statement of facts and a statement of the 
respective positions of the parties, but was not to contain 
any recommendations. Under section 206 of the conference 
agreement the authority is lodged in the President rather 
than in the Attorney General, and the report which the 
board of inquiry is to make is to include each party's state- 
ment of his own position. Like the provisions of the Senate 
amendment, the report of the board of inquiry cannot con- 
tain any recommendations. Furthermore, under the confer- 
ence agreement the authority of this section may be invoked 
not alone when an entire industry is involved hut where a 
substantial part of an entire industry is involved. 

necessity for legislation 

During the last few years, the effects of industrial strife 
have at times brought our country to the brink of general 
economic paralysis. Employees have suffered, employers 
have suffered — and above all the public has suffered. 

[Emphasis supplied.] 



287 



The enactment of comprehensive legislation to define 
clearly the legitimate rights of employers and employees in 
their industrial relations, in keeping with the protection of 
the paramount public interest, is imperative. 



29 U.S.C. 178. Same ; strikes subject to injunction ; inapplicabil- 
ity OF SECTIONS 101 TO 115 OP THIS TITLE; REVIEW 

(a) Upon receiving a report from a board of inquiry the Presi- 
dent may direct the Attorney General to petition any district court 
of the United States having jurisdiction of the parties to enjoin 
such strike or lock-out or the continuing thereof, and if the court 
finds that such threatened or actual strike or lock-out — 

(i) affects an entire industry or a substantial part thereof 
engaged in trade, commerce, transportation, transmission, or 
communication among the several States or with foreign 
nations, or engaged in the production of goods for commerce; 
and 

(ii) if permitted to occur or to continue, toill imperil the 
national health or safety, it shall have jurisdiction to enjoin any 
such strike or lockout, or the continuing thereof, and to make 
such other orders as may be appropriate. 

(b) In any case, the provisions of sections 101 to 115 of this title, 
shall not be applicable. 

(c) The order or orders of the court shall be subject to review by 
the appropriate United States court of appeals and by the Supreme 
Court upon writ of certiorari or certification as provided in sections 
346 and 347 of Title 28. (June 23, 1947, ch. 120, title II, § 208, 61 
Stat. 155; June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 
1949, ch. 139, § 127, 63 Stat. 107.) 

—NOTE- 
EXCERPT prom House Kept. 245, 80th Cong., 1st Sess. (1947) 

NATIONAL EMERGENCIES 

Sections 203 to 206, inclusive, of the House bill gave the 
President, through the district courts of the United States, 
power to deal with strikes that resulted in or imminently 
threatened to result in the cessation or substantial curtail- 
ment of interstate or foreign commerce in essential public 
services. Provision was made for mediation of the dispute 
after the injunction had issued, and for a secret ballot of 
the employees on their employer's last offer of settlement if 
mediation did not result in an agreement. If the employer's 
last offer was rejected by the employees, provision was 
made for the convening by the chief justice of the United 
States Court of Appeals for the District of Columbia of a 
special advisory settlement board to investigate the dispute 

[EmphaBls supplied.] 



288 



and to make recommendations for its settlement. Another 
secret ballot by the employees was provided on the question 
whether they desired to accept the recommended settlement. 
At the conclusion of the proceedings provided for, the 
Attorney General was directed to move the court to dis- 
charge the injunction and the injunction was to be dis- 
charged. These provisions were not to apply to any person 
or dispute subject to the Railway Labor Act. 

******* 
Section 208 of the Senate amendment authorized the 
Attorney General, upon receiving the report of the board of 
inquiry, to apply to the appropriate district court for an 
injunction enjoining the strike or lock-out, and the court 
was authorized to issue the injunction if it found that the 
strike or lock-out affected the entire industry and would 
imperil the national health or safety. The Norris- 
LaGuardia Act was made inapplicable. Section 208 of the 
conference agreement follows the provisions of the Senate 
amendment except that, as heretofore stated, the authority 
is lodged in the President rather than in the Attorney Gen- 
eral, and the injunction can issue if the strike or lock-out 
affects an entire industry or a substantial part thereof. 



Title 31 — Monet and Finance 



31 U.S.C. 80a. Same ; extension op time during war or emergency 

The time for examination of monthly accounts covering expendi- 
tures by disbursing officers of the Army after the date of actual 
receipt by bureaus and offices of the Department of the Army and 
before transmitting the same to the General Accounting Office, as 
limited by sections 44, 78, 80, and 496 of this title, and notwith- 
standing the provisions of section 80 of this title, is extended, in 
time of war or during any emergency declared by Congress or deter- 
mined by the President and for a period of eighteen months after 
such war or emergency shall have ceased to exist, from sixty to 
ninety days. (Nov. 21, 1941, ch. 499, 55 Stat. 781.) 



31 U.S.C. SOb. Administrative examination of accounts op 
United States Marine Cori*s expenditures 

The time for examination of monthly accounts covering expendi- 
tures by disbursing officers and special disbursing agents of the 
United States Navy, United States Marine Corps, and United States 
Coast Guard after the date of aotual receipt at the administrative 
office or offices designated to make the examination, and before 

[Emphasis supplied.] 



289 



transmitting the same to the General Accounting Office, as limited 
by sections 78 and 496 of this title, is extended from twenty to sixty 
days. In time of war or national emergency and for a period of 
eighteen months after such war or emergency shall have ceased to 
exist, the time for examination of such monthly accounts is extended 
from sixty to ninety days. (Dec. 26, 1941, ch. 629, 55 Stat. 862; 
Dec. 23, 1944, ch. 720, 58 Stat. 923.) 



31 U.S.C. 80c. Administrative examination of accounts of Navy 

EXPENDITURES ; EXTENSION OF TIME DURING WAR OR EMERGENCY 

The time for examination of quarterly accounts covering expendi- 
tures by disbursing officers of the United States Navy after the date 
of actual receipt in the Bureau of Supplies and Accounts, Navy 
Department, and before transmitting the same to the General 
Accounting Office, as limited by sections 78 and 496 of this title, is 
extended from sixty to ninety days in time of war or during any 
emergency declared by Congress and for a period of eighteen 
months after such war or emergency shall have ceased to exist. (Feb. 
20, 1942, ch. 95, 56 Stat. 94.) 

—NOTE- 
EXCERPT from House Reft. 1242, 77th Cong., 1st Sess. (1941) 

The purpose of the proposed legislation is to extend from 
60 to 90 days, in time of war or national emergency, and 
for 18 months thereafter, the time during which the 
accounts of disbursing officers of the Army may be retained 
in the War Department for administrative action prior to 
transmission to the General Accounting Office. 

Under present law a disbursing officer's accounts must be 
transmitted to the General Accounting Office within 60 days 
after receipt by the War Department except that in time of 
war the Secretary of the Treasury is authorized to extend 
this period to 90 days. If the transmission of such an 
account is delayed beyond the authorized period the Gen- 
eral Accounting Office is required to disapprove any requisi- 
tion for an advance of money to the disbursing officer whose 
account is delayed. In such event the disbursing officer is 
precluded by the terms of section 12 of the act of July 31, 
1894, as amended, from continuing his disbursing duties 
pending an order of the President, or, in the event of the 
absence from the seat of government or sickness of the 
President, an order of the Secretary of the Treasury, in the 
particular case, authorizing the advance of monev 
requested. Act of July 31, 1894 (28 Stat. 209), as amended 
by act of March 2, 1895 (28 Stat. 807), and act of June 10, 
1921 (42 Stat. 24) ; act of March 2, 1901 (31 Stat. 910) , as 
amended by act of June 10, 1921 (42 Stat. 24) ; and act of 



[Emphasis supplied.] 



290 



July 9, 1918 (40 Stat. 892), as amended by act of June 10, 
1921 (42 Stat. 24). . . 

Normally 60 days is ample time for administrative exami- 
nation of accounts prior to transmission to the General 
Accounting Office, but due to the increased activities and 
expanded operations arising out of the present emergency, 
some accounts are so large that more than 60 days is 
required for their proper examination. 

It is not intended that advantage will be taken of the 
additional time allowed by the proposed measure except in 
the few, but nevertheless recurring, instances, where an 
unusually large or complicated account requires additional 
time for proper examination. 

The enactment of this proposed legislation would result 
in no additional cost to the Government. 

The Bureau of the Budget advises that there is no objec- 
tion to the submission of this proposed legislation for the 
consideration of the Congress. 
Sincerely yours, 

Henry L. Sttmson, 

Secretary of War. 



31 U.S.C. 203. Assignments op claims ; set-oft against assignee 

All transfers and assignments made of any claim upon the United 
States, or of any part or share thereof, or interest therein, whether 
absolute or conditional, and whatever may be the consideration there- 
for, and all powers of attorney, orders, or other authorities for 
receiving payment of any such claim, or of any part or share 
thereof, except as hereinafter provided, shall be absolutely null and 
void, unless they are freely made and executed in the presence of at 
least two attesting witnesses, after the allowance of such a claim, the 
ascertainment of the amount due, and the issuing of a warrant for 
the payment thereof. Such transfers, assignments, and powers of 
attorney, must recite the warrant for payment, and must be 
acknowledged by the person making them, before an officer having 
authority to take acknowledgments of deeds, and shall be certified 
by the officer; and it must appear by the certificate that the officer, 
at the time of the acknowledgement, read and fully explained the 
transfer, assignment, or warrant of attorney to the person acknowl- 
edging the same. The provisions of this section shall not apply to 
payments for rent of postoffice quarters made by postmasters to 
duly authorized agents of the lessors. 

The provisions of the preceding paragraph shall not apply in any 
case in which the moneys due or to become due from the United 
States or from any agency or department thereof, under a contract 
providing for payments aggregating $1,000 or more, are assigned to 
a bank, trust company, or other financing institution, including any 
Federal lending agency : Provided, 

[Emphasis supplied.] 



291 



1. That in the case of any contract entered into prior to October 
9, 1940, no claim shall be assigned without the consent of the head 
of the department or agency concerned ; 

2. That in the case of any contract entered into after October 9, 
1940, no claim shall be assigned if it arises under a contract which 
forbids such assignment ; 

3. That unless otherwise expressly permitted by such contract any 
such assignment shall cover all amounts payable under such contract 
and not already paid, shall not be made to more than one party, and 
shall not be subject to further assignment, except that any such 
assignment may be made to one party as agent or trustee for two or 
more parties participating in such financing; 

4. That in the event of any such assignment, the assignee thereof 
shall file written notice of the assignment together with a true copy 
of the instrument of assignment with (a) the contracting officer or 
the head of his department or agency; (b) the surety or sureties 
upon the bond or bonds, if any, m connection with such contract; 
and (c) the disbursing officer, if any, designated in such contract to 
make payment. 

Notwithstanding any law to the contrary governing the validity 
of assignments, any assignment pursuant to this section, shall consti- 
tute a valid assignment for all purposes. 

In any case in which moneys due or to become due under any con- 
tract are or have been assigned pursuant to this section, no liability 
of any nature of the assignor to the United States or any depart- 
ment or agency thereof, whether arising from or independently of 
such contract, shall create or impose any liability on the part of the 
assignee to make restitution, refund, or repayment to the United 
States of any amount heretofore since July 1, 1950, or hereafter 
received under the assignment. 

Any contract of the Department of Defense, the General Services 
Administration, the Atomic Energy Commission, or any other 
department or agency of the United States designated by the Presi- 
dent, except any such ccntract under which full payment has been 
made, may, in time of war or national emergency proclaimed by the 
President {including the national emergency proclaimed December 
16, 1950) or by Act or joint resolution of the Congress and until 
such war or national emergency has been terminated in such manner, 
provide or be amended without consideration to provide that pay- 
ments to be made to the assignee of any moneys due or to become 
due under such contract shall not be subject to reduction or set-off, 
and if such provision or one to the same general effect has been at 
any time heretofore or is hereafter included or inserted in any such 
contract, payments to be made thereafter to an assignee of any 
moneys due or to become due under such contract, whether during or 
after such war or emergency, shall not be subject to reduction or 
set-off for any liability of any nature of the assignor to the United 
States or any department or agency thereof which arises independ- 
ently of such contract, or hereafter for any liability of the assignor 
on account of (1) renegotiation under any renegotiation statute or 

[Emphasis supplied.] 



292 



under anv statutory renegotiation article in the contract. (2) fines, 
(3) penalties (which term does not include amounts which may be 
collected or withheld from the assignor in accordance with or for 
failure to comply with the terms of the contract) , or (4) taxes, 
social security contributions, or the withholding or nonwithholding 
of taxes or social security contributions, whether arising from or 
independently of such contract. 

Except as herein otherwise provided, nothing in this section shall 
be deemed to affect or impair rights or obligations heretofore 
accrued. (R.S. §3477; May 27. 1908, ch. 206. 35 Stat. 411; Oct. 9, 
1940, ch. 779, § 1, 54 Stat. 1029; May 15, 1951, ch. 75, 65 Stat. 41.) 

—NOTE- 



EXCERPT from Senate Rf.pt. 217, 82d Cong., 1st Sess. (1951) 

The purpose of this enactment was to encourage the par- 
ticipation of banks in the financing of Government contrac- 
tors under the defense program of that time. It permitted 
contractors to assign to financing institutions moneys due or 
to become due under their Government contracts, and it 
assured the assignee banks that, when payments were made 
to them by the Government pursuant to such assignments, 
such payments would not lie subject to reduction or set-off 
on account of any claims the Government might have 
against the contractor arising independently of the assigned 
contract. 

******* 

Enactment of S. 998. with committee amendments, would 
make it clear that a bank or other financing institution 
taking an assignment of claims pursuant to the act would 
not be subject to later recovery by the Government of 
amounts previously paid to the bank as assignee, except, of 
course, that it would not prevent the Government from 
obtaining restitution of amounts which may have been paid 
as the result of fraud. 

Second, the amendment would continue the provision of 
the present law that, if an assigned contract contains a "no 
set-off" clause, payments made by the Government to the 
assignee bank will not be subject to reduction or set-off 
because of any claims of the Government against the con- 
tractor which arise independently of the contract, but it 
would also be made clear that the assignee would be pro- 
tected against set-off on account of claims of the Govern- 
ment against the contractor arising from renegotiation, 
fines, and penalties — claims which are ordinarily regarded 
as arising outside of the assigned contract. In any event, 
however, where the Government has claims against the con- 
tractor, the Government would be allowed to withhold, out 
of payments due to an assignee bank, any amounts in excess 
of the bank's interest in loans secured by such assignments. 



293 



Finally, the authority for including the "no set-off" 
clause in Government contracts, which is now restricted to 
the Departments of the Army, Navy, and Air Force, would 
be extended to contracts entered into by the General Serv- 
ices Administration, the Atomic Energy Commission, and 
such other agencies of the Government as the President 
may designate. However, authority for the inclusion of the 
clause would not be mandatory — it would be permissive in 
all cases at the discretion of the Government agencies 
concerned. 



31 U.S.C. 241. Same; payments 

(a) Authority of heads of military departments and Secretary of 
the Treasury ; claims by members of uniformed services ; limitation ; 
replacement of property in kind; authority of Department of 
Defense over claims of civilian employees ; payments to survivors. 

(1) Under such regulations as the Secretary of a military depart- 
ment, or the Secretary of the Treasury with respect to the Coast 
Guard when it is not operating as a part of the Navy, may pre- 
scribe, he or his designee may settle and pay a claim arising after 
August 31, 1964, against the United States for not more than 
$10,000 made by a member of the uniformed services under the 
jurisdiction of that department or the Coast Guard or by a civilian 
officer or employee of that department or the Coast Guard, for 
damage to, or loss of, personal property incident to his service. If 
the claim is substantiated and the possession of that property is 
determined to be reasonable, useful, or proper under the circum- 
stances, the claim may be paid or the property replaced in kind. 
This subsection does not apply to claims settled before August 31, 
1964. 

(2) Under such regulations as the Secretary of Defense may pre- 
scribe, he or any officer designated by him has the same authority as 
the Secretary of a military department with respect to a claim by a 
civilian employee of the Department of Defense not otherwise cov- 
ered by this subsection for damage to, or loss of personal property 
incident to, his service. 

(3) If a person named in this subsection is dead, the Secretary of 
the military department concerned or his designee, or the Secretary 
of the Treasury or his designee, pr the Secretary of Defense or his 
designee, as the case may be, may settle and pay any claim made by 
the decedent's surviving (1) srJouse, (2) children, (3) father or 
mother, or both, or (4) brothers or. sisters, or both, that arose before, 
concurrently with, or after the decedent's death and is otherwise 
covered by this subsection. Claims of survivors shall be settled and 
paid in the order named. 

(b) Members of non-military departments; limitation; replace- 
ment of property in kind ; payments to survivors. 

(1) Subject to any policies the President may prescribe to effec- 
tuate the purposes of this subsection and under such regulations as 
the head of an agency, other than a military department^ the Secre- 



294 



tary of the Treasury with respect to the Coast Guard, or the 
Department of Defense, may prescribe, he or his designee may settle 
and pay a claim arising after the effective date of this Act against 
the United States for not more than $6,500 made by a member of 
the uniformed services under the jurisdiction of that agency or by a 
civilian officer or employee of that agency for damage to, or loss of, 
personal property incident to his service. If the claim is substanti- 
ated and the possession of that property is determined to be reasona- 
ble, useful, or proper under the circumstances, the claim may be 
paid or the property replaced in kind. This subsection does not 
apply to claims settled before its enactment. 

(2) If a person named in this subsection is dead, the head of the 
agency concerned, or his designee, may settle and pay any claim 
made by the decedent's surviving (1) spouse, (2) children, (3) 
father or mother, or both, or (4) brothers or sisters, or both, that 
arose before, concurrently with, or after the decedent's death and is 
otherwise covered by this subsection. Claims of survivors shall be 
settled and paid in the order named. 

(c) Time limitation for presentation of claims. 

A claim may be allowed under this section for damage to, or loss 
of, property only if — 

(1) It is presented in writing within two years after it 
accrues, except that if the claim accrues in time of war or in 
time of armed conflict in which any armed force of the United 
States is engaged or if such a war or armed conflict intervenes 
within two years after it accrues, and if good came is shmon, 
the claim may be presented not later than two years after that 
cause ceases to exist, or two years after the war or armed con- 
flict is terminated, whichever is earlier; 

(2) it did not occur at quarters occupied by the claimant 
within the fifty States or the District of Columbia that were not 
assigned to him or otherwise provided in kind by the United 
States; or 

(3) it was not caused wholly or paitlv by the negligent or 
wrongful act of the claimant, his agent, or his employee. 

(d) Dates of beginning and ending of an armed conflict. 

For the purposes of subsection (c) (1) of this section, the dates of 
beginning and ending of nn armed conflict are the dates established 
by concurrent resolution of Congress or by a determination of the 
President. 

(e) Repealed. Pub. L. 91-311, July 8, 1970, 84 Stat. 412. 

(f ) District of Columbia employees; personal property claims. 
The provisions of sections 240 to 243 of this title apply in respect 

to the damage to, or loss of, personal property incident to service of 
any officer or employee of the government of the District of Colum- 
bin, iri-espoctive of whether the damage or loss occurs within or out- 
side the District of Columbia, except that in applying such provi- 
sions in connection with the damage or loss of personal property of 
an officer or employee of Hie government of the District of Colum- 
bia, the terms "agency" and "United States" shall be held to mean 
the government of the District of Columbia, and the term "head of 
[Emphasis supplied.] 



295 



agency" shall be held to mean the Commissioner of the District of 
Columbia. (Pub. L. 88-558, § 3, Aug. 31, 1964, 78 Stat. 7C7; Pub. L. 
89-185, § 3(b), Sept. 15, 1965, 79 Stat. 789; Pub. L. 90-561, Oct. 
12, 1968, 82 Stat. 998; Pub. L. 91-311, July 8, 1970, 84 Stat. 412.) 

—NOTE- 
EXCERPT from House Reft. 460, 88th Cong., 2d Sess. (1948) 

The purpose of the proposed legislation is to extend to 
other agencies of Government the authority now possessed 
by the military departments with respect to settlement of 
claims for loss or damage of personal property of members 
of the Armed Forces or civilian employees of those depart- 
ments when the loss or damage is incident to their Govern- 
ment service. 

The proposed legislation has a history that goes back to 
September 1952, when over 100 employees of the Civil Aer- 
onautics Administration, our predecessor agency, suffered 
loss of personal property in a typhoon at Wake Island 
because the quarters provided by the Government proved to 
be inadequate protection. 

While the Department of Commerce was considering the 
submission of private bills to pay for these losses, it 
received a suggestion from Congressman Chauncey W. 
Reed, then chairman of the House Committee on the Judici- 
ary, that it prepare, instead, a draft of general legislation 
to permit administrative payment of claims of this type by 
heads of executive agencies without, in each case, presenting 
them to the Congress for adjustment through private bills. 
A widespread need for such legislation existed apart from 
the Wake Island disaster, and the Department complied 
with this request. 

The House of Representatives recognizing the need for 
the authority sought, passed H.R. 10357 in the 87th Con- 
gress. However, Congress adjourned without the Senate's 
taking action on the bill. The draft proposal submitted 
herewith is identical to H.R. 10357 as passed by the House. 

This Agency's continuing experience with the hardship 
suffered by Government employees who suffer losses inci- 
dent to their employment through no fault of their own 
serves to strengthen our conviction that an imperative need 
continues to exist for passage of this legislation. To particu- 
larize, several employees suffered loss of personal belong- 
ings when they were forced to evacuate from an aircraft in 
which they were traveling in the course of their duties. 
Others sustained losses through theft of personally owned 
hand tools stored at the place of their employment provided 
by the Government. Employees have borne personal prop- 

[Emphasls supplied ] 



296 



erty losses where their belongings were stored in Govern- 
ment buildings which were consumed by fire. 

The recent Typhoon Karen incident on Guam demon- 
strates the costly and inconveninent circumstances into 
which Government employees are from time to time thrust. 
That typhoon caused 84 FAA employees to suffer personal 
property losses, averaging roughly $1,500 for married 
employees and $450 for single. Some expeditious means of 
reinstating those suffering the loss to their normal circum- 
stances is needed. 

The only recourse these employees now have is to seek 
compensation for the loss by a private relief bill. This is a 
very costly process for the Government, and an unnecessar- 
ily burdensome route for the employee, the employing 
agency, and the Congress. In many instances the expenses 
incurred by the Government in processing such bills exceeds 
the amount of the claim. 

It seems apparent that it is in the best interests of the 
■ Government to permit settlement of these claims adminis- 
tratively. Enactment of this legislation would be a financial 
Saving to the Government. It would provide to the Govern- 
ment agencies a means of restoring the unfortunate and 
•unforeseen losses sustained by their employees under cir- 
cumstances in which it is fair that the Government should 
make up the loss. 

The Bureau of the Budget has advised that there is no' 
objection from the standpoint of the administration's pro- 
gram to the submission of this proposed legislation to the 
Congress. 

Sincerely, 

N. E. Halaby, Administrator. 



Title 32 — National Guard 



32 U.S.C. 104. Units: location; organization; command 

(a) Each State and Territory, Puerto Rico, and the Canal Zone 
may fix the location of the units and headquarters of its National 
Guard. 

(b) Except as otherwise specifically provided in this title, the 
organization of the Army National Guard and the composition of 
its units shall be the same as those prescribed for the Army, subject, 
in time of peace, to such general exceptions as the Secretary of the 
Army may authorize; and the organization of the Air National 
Guard and the composition of its units shall be the same as those 
prescribed for the Air Force, subject, in time of peace, to such gen- 
eral exceptions as the Secretary of the Air Force may authorize. 

(c) To secure a force the units of which when combined will form 
complete higher tactical units, the President may designate the units 



297 



of the National Guard, by branch of the Army or organization of 
the Air Force, to be maintained in each State and Territory, Puerto 
Rico, the Canal Zone, and the District of Columbia. However, no 
change in the branch, organization, or allotment of a unit located 
entirely within a State may be made without the approval of its 
governor. 

(d) To maintain appropriate organization and to assist in train- 
ing and instruction, the President may assign the National Guard to 
divisions, wings, and other tactical units, and may detail commis- 
sioned officers of the National Guard or of the Regular Army or the 
Regular Air Force, as the case may be, to command those units. 
However, the commanding officer of a unit organized wholly within 
a State or Territory, Puerto Rico, the Canal Zone, or the District of 
Columbia may not be displaced under this subsection. 

(e) To insure prompt mobilization of the National Guard in time 
of war or other emergency, the President may, in time of peace, 
detail a commissioned officer of the Regular Army to perform the 
duties of chief of staff for each fully organized division of the 
Army National Guard, and a commissioned officer of the Regular 
Air Force to perform the duties of the corresponding position for 
each fully organized wing of the Air National Guard. 

(f ) Unless the President consents — 

(1) an organization of the National Guard whose members 
have received compensation from the United States as members 
of the National Guard may not be disbanded ; and 

(2) the actual strength of such an organization in commis- 
sioned officers or enlisted members may not be reduced below the 
minimum strength prescribed by the President. 

Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 598.) 



32 U.S.C. 111. Suspension op certain provisions op this title 

In time of war, or of emergency declared by Congress, the Presi- 
dent may suspend the operation of any provision of sections 307(e), 
309, 310, and 323 (d) and (e) of this title with respect to the Army 
National Guard or the Air National Guard. (Added Pub. L. 
85-861, § 2(3), Sept. 2, 1958, 72 Stat. 1543.) 

Sections 307(c), 309, 310, and 323 refer to the condi- 
tions under which National Guard officers may be federally 
recognized. 

— NOTE— 

Excert from Senate Kept. 2010, 85th Cong., 2d Sesb. (1958) 
suspension op this act during time of war or national emergency 

This section provides for the suspension of all or any 
part of the act in time of war or national emergency 
declared by the Congress and requires that in case of the 

[Emphasis supplied.] 



298 



suspension of promotion laws, the Secretary of Defense will 
recommend legislation for the readjustment of the grades of 
Reserve officers, if necessary. 



32 U.S.C. 302. Enlistments, reenlistments, and extensions 

(a) Under regulations to be prescribed by the Secretary con- 
cerned, original enlistments in the National Guard may be accepted 
for — 

(1) any specified term, not less than three years, for persons 
who have not served in an armed force; or 

(2) any specified term, not less than one year, for persons 
who have served in any armed force. 

(b) Under regulations to be prescribed by the Secretary con- 
cerned, reenlistment in the National Guard may be accepted for any 
specified period, or, if the person last served m one of the highest 
five enlisted grades, for an unspecified period. 

(c) Enlistments or reenlistments in the National Guard may be 
extended — 

(1) under regulations to be prescribed by the Secretary con- 
cerned, at the request of the member, for any period not less 
than six months; or 

(2) by proclamation of the President, if Congress declares an 
emergency, until six months after termination of that emer- 
gency. 

(Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601; Oct. 4, 1961, Pub. L. 
87-378, § 5(1), 75 Stat. 808.) 

— NOTE— 

Excert from Senate Rfjpt. 492, 87th Cong., 1st Sess. (1961) 

Persons who are members of the Standby Reserve can be 
recalled to active duty only in time of war or national 
emergency declared by the Congress and then only if tie 
Director of Selective Service has determined that the 
member is available for active duty. A person who is a 
member of the Ready Reserve may be recalled to active 
duty involuntarily in a national emergency proclaimed by 
the President alone after August 9, 1955. For members of 
the Army Reserve and the National Guard the effect of the 
committee action is to release those persons who enlisted in 
the 6-month training program before reaching the age of 
18% from 2 years of membership in the Standby Reserve. 
Since Standby reservists can be recalled to active duty only 
in a congressional declaration of war or national emergency 
and only after the Director of Selective Service has deter- 
mined that the member is available for active duty, it is 
apparent that the change will not substantially affect the 
availability of reservists in these components. In the Marine 
[Emphasis supplied.]* ' 



299 



Corps Reserve there will be a loss of some persons who now 
are liable for recall as members of the Heady Reserve, 
although they are not actively participating in training. 



32 U.S.C. 715. Property loss ; personal injury or death : activities 

UNDER CERTAIN SECTIONS OF THIS TITLE 

(a) Under such regulations as the Secretary of the Army or Sec- 
retary of the Air Force may prescribe, he or, subject to appeal to 
him, the Judge Advocate General of the armed force under his 
jurisdiction, if designated by him, may settle, and pay in an amount 
not more than $15,000 a claim against the United States for — 

(1) damage to, or loss of, real property, including damage or 
loss incident to use and occupancy ; 

(2) damage to, or loss of, personal property, including prop- 
erty bailed to the United States or the National Guard and 
including registered or insured mail damaged, lost, or destroyed 
by a criminal act while in the possession of the National Guard ; 
or 

(3) personal injury or death; 

either caused by a member of the Army National Guard or the 
Air National Guard, as the case may be, while engaged in train- 
ing or duty under section 316, 502, 503, 504, or 505 of this title 
or any other provision of law for which he is entitled to pay 
under section 206 of title 37, or for which he has waived that 
pay, and acting within the scope of his employment; or other- 
wise incident to noncombat activities of the Army National 
Guard or the Air National Guard, as the case maybe, under one 
of those sections. 

(b) A claim may be allowed under subsection (a) only if — 

(1) it is presented in writing within two years after it 
accrues, except that if the claim accrues in time of war or 
armed conflict or if such a war or armed conflict intervenes 
within two years after it accrues, and if good cause is shown, 
the claim may be presented not later than two years after the 
war or armed conflict is terminated; 

(2) it is not covered by section 2734 of title 10 or section 2672 
of title 28; 

(3) it is not for personal injury or death of such a member or 
a person employed under section 709 of this title, whose injury 
or death is incident to his service; 

(4) the damage to, or loss of, property, or the personal injury 



wrongful act of the claimant, his agent, or his employee ; and 

(5) it is substantiated as prescribed in regulations of the Sec- 
retary concerned. 
For the purposes of clause (1), the dates of the beginning and end 
of an armed conflict are the dates established by concurrent resolu- 
tion of Congress or by a determination of the President. 

[Emphasis supplied.] 



or death, was not caused 




300 



(c) Payment may not be made under this section for reimburse- 
ment for medical, hospital, or burial services furnished at the 
expense of the United States or of any State or the District of 
Columbia or Puerto Rico. 

(d) If the Secretary of the military department concerned consid- 
ers that a claim in excess of $15,000 is meritorious and would other- 
wise be covered by this section, he may pay the claimant $15,000 and 
report the excess to Congress for its consideration. 

(e) Except as provided in subsection (dj, no claim may be paid 
under this section unless the amount tendered is accepted by the 
claimant in full satisfaction. 

(f) In any case where the amount to be paid is not more than 
$2,500, the authority contained in subsection (a) may be delegated to 
any officer of the Army or the Air Force, as the case may be, who 
has been delegated authority under section 2733(g) of title 10, to 
settle similar claims, subject to appeal to the Secretary concerned, or 
his designee for that purpose. 

(g) Notwithstanding any other provision of law, the settlement of 
a claim under this section is final and conclusive. 

(h) In this section, "settle" means consider, ascertain, adjust, 
determine, and dispose of a claim, whether by full or partial allow- 
ance or disallowance. (Added Pub. L. 86-740, § 1(1), Sept. 13, 1960, 
74 Stat. 878, and amended Pub. L. 87-649, § 8(b), Sept. 7, 1962, 76 
Stat. 495; Pub. L. 90-486, § 2(3), Aug. 13, 1968, 82 Stat. 756; Pub. 
L. 90-525, § 6, Sept. 26, 1968, 82 Stat. 878; Pub. L. 91-312, § 3, 
July 8, 1970, 84 Stat. 412.) 

—Note- 
Excerpt From Senate Reft. 1502, 86th Cong., 2d Sess. (1960) 

PURPOSE 

The purpose of the proposed legislation, as amended, is to 
authorize the Secretary of the Army or Secretary of the 
Air Force to pay claims against the United States for 
damage to, or loss of, real property, including damage or 
loss incident to use and occupancy; for damage to, or loss 
of, personal property, including property bailed to the 
United States or the National Guard, and for personal 
injury or death caused by a member of the Army National 
Guard or the Air National Guard while such member is 
engaged in training or duty under sections 316, 502, 503, 
504, or 505 of title 32, United States Code, or under any 
other provision of law for which such member is entitled to 
pay under section 301 of title 37, and while acting within 
the scope of his employment. The bill also provides for the 
time in which such claims may be filed, and contains other 
limiting circumstances. The payment authorized under the 
bill, as amended, is limited to $5,000, with a proviso that 
any amount over and above $5,000 may be referred to the 
Congress for its consideration. 



301 

Title 33 — Navigation and Navigable Waters 



[Chapter 17 — Coast and Geodetic Survey] 

33 U.S.C. 853. Appointments and promotions made by 
President ; suspension during war or emergency 

(a) Appointments in and promotions to all permanent grades 
shall be made by the President, by and with the advice and consent 
of the Senate. 

(b) In time of emergency declared by the President or by the 
Congress, and in time of war, the President is authorized, in his dis- 
cretion, to suspend the operation of all or any part or parts of the 
several provisions of law pertaining to promotion. (June 3, 1948, ch. 
390, § 10, 62 Stat. 299; June 21, 1955, ch. 172, §4(b), 69 Stat. 170.) 



33 U.S.C. 854a-l. Temporary appointment or advancement of 
commissioned officers in time of war or national emergency 

Personnel of the National Oceanic and Atmospheric Administra- 
tion shall be subject in like manner and to the same extent as per- 
sonnel of the Navy to all laws authorizing temporary appointment 
or advancement of commissioned officers in time of war or national 
emergency subject to the following limitations : 

(1) Commissioned officers in the service of a military depart- 
ment, under the provisions of sections 854, 855, 856, 857, and 858 
of this title may, upon the recommendation of the Secretary of 
the military department concerned, be temporarily promoted to 
higher ranks or grades. 

(2) Commissioned officers in the service of the National 
Oceanic and Atmospheric Administration may be temporarily 
promoted to fill vacancies in ranks and grades caused by the 
transfer of commissioned officers to the service and jurisdiction 
of a military department under the provisions of sections 854, 
855, 856, 857, and 858 of this title. 

(3) Temporary appointments may be made in all grades to 
which original appointments in the National Oceanic and 
Atmospheric Administration are authorized : Provided, That the 
number of officers holding temporary appointments shall not 
exceed the number of officers transferred to a military depart- 
ment under the provisions of sections 854, 855, 856, 857, and 858 
of this title. 

(Dec. 3, 1942, ch. 670, § 1, 56 Stat. 1038; Oct. 14, 1966, Pub. L. 
89-657, § 3, 80 Stat. 907; 1970 Keorg. Plan No. 4, eff. Oct. 30, 1970, 
35F.R. 15627, 84 Stat.) 

[Emphasis supplied.] 



302 



—NOTE- 
EXCERPT From Senate Kept. 1656, 77th Cong., 2d Sess. (1942) 

The Committee on Commerce, to whom was referred the 
bill (H.R. 7556) authorizing the temporary appointment or 
advancement of commissioned officers of the Coast and Geo- 
detic Survey in time of war or national emergency, and for 
other purposes, having considered the same, report favora- 
bly thereon without amendment and recommend that the 
bill do pass. 



33 U.S.C. 855. Cooperation with and transfer to military 
departments 

The President is authorized, whenever in his judgment a sufficient 
national emergency exists, to transfer to the service and jurisdiction 
of a military department such vessels, equipment, stations, and com- 
missioned officers of the National Oceanic and Atmospheric Admin- 
istration as he may deem to the best interest of the country, and 
after such transfer all expenses connected therewith shall be 
defrayed out of the appropriations for the department to which 
transfer is made: Provided, That such vessels, equipment, stations, 
and commissioned officers shall be returned to the National Oceanic 
and Atmospheric Administration when such national emergency 
ceases, in the opinion of the President, and nothing in this section 
shall be construed as transferring the National Oceanic and Atmos- 
pheric Administration or any of its functions from the Department 
of Commerce except in time of national emergency and to the extent 
herein provided : Provided further, That any of the commissioned 
officers of the National Oceanic and Atmospheric Administration 
who may be transferred as provided in this section, shall while 
under the jurisdiction of a military department, have proper mili- 
tary status and shall be subject to the laws, regulations, and orders 
for the government of the Army, Navy, or Air Force, as the case 
may be, insofar as the same may be applicable to persons whose 
retention permanently in the military service of the United States is 
not contemplated by law. (May 22, 1917, ch. 20, § 16, 40 Stat. 87; 
Oct. 14, 1966, Pub. L. 89-657, § 1(1), 80 Stat. 907; 1970 Eeorg. 
Plan No. 4, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat.) 

— NOTE- 
EXCERPT From Senate Reft. 36, 65th Cong., 1st Sess. (1917) 

Section 16 of this bill provides for transferring of the 
Coast and Geodetic Survey to the Army and Navy during 
the war, at the discretion of the PvesideTit. This is recom- 
mended by the Secretary of the Navy, the Secretary of 
War, and the Secretary of Commerce. This service will be 



[Emphasis supplied.] 



303 



valuable for use in the present war, and in addition it was 
desirable to give the members of this service a legal war 
status. 



Title 35 — Patents 



35 U.S.C. 181. Secrecy of certain inventions and withholding 
or patent 

Whenever publication or disclosure by the grant of a patent on an 
invention in which the Government has a property interest might, in 
the opinion of the head of the interested Government agency, be det- 
rimental to the national security, the Commissioner upon being so 
notified shall order that the invention be kept secret and shall with- 
hold the grant of a patent therefor under the conditions set forth 
hereinafter. 

Whenever the publication or disclosure of an invention by the 
granting of a patent, in which the Government does not have a 
property interest, might, in the opinion of the Commissioner, he det- 
rimental to the national security, he shall make the application for 
patent in which such invention is disclosed available for inspection 
to the Atomic Energy Commission, the Secretary of Defense, and 
the chief officer of any other department or agency of the Govern- 
ment designated by the President as a defense agency of the United 
States. 

Each individual to whom the application is disclosed shall sign a 
dated acknowledgment thereof, which acknowledgment shall be 
entered in the file of the application. If, in the opinion of the 
Atomic Energy Commission, the Secretary of a Defense Depart- 
ment, or the chief officer of another department or agency so desig- 
nated, the publication or disclosure of the invention by the granting 
of a patent therefor would be detrimental to the national security, 
the Atomic Energy Commission, the Secretary of a Defense Depart- 
ment, or such other chief officer shall notify the Commissioner and 
the Commissioner shall order that the invention be kept secret and 
shall withhold the grant of a patent for such period as the national 
interest requires, and notify the applicant thereof. Upon proper 
showing by the head of the department or agency who caused the 
secrecy order to be issued that the examination of the application 
might jeopardize the national interest, the Commissioner shall there- 
upon maintain the application in a sealed condition and notify the 
applicant thereof. The owner of an application which has been 
placed under a secrecy order shall have a right to appeal from the 
order to the Secretary of Commerce under rules prescribed by him. 

An invention shall not be ordered kept secret and the grant of a 
patent withheld for a period of more than one year. The Commis- 
sioner shall renew the order at the end thereof, or at the end of any 
renewal period, for additional periods of one year upon notification 
by the head of the department or the chief officer of the agency who 

[Emphasis supplied.] 



304 



caused the order to be issued that an affirmative determination has 
been made that the national interest continues so to require. An 
order in effect, or issued, during a time when the United States is at 
war, shall remain in effect for the duration of hostilities and one 
year following cessation of hostilities. An order in effect, or issued, 
during a national emergency declared by the President shall remain 
in effect for the duration of the national emergency and six months 
thereafter. The Commissioner may rescind any order upon notifica- 
tion by the heads of the departments and the chief officers of the 
agencies who caused the order to be issued that the publication or 
disclosure of the invention is no longer deemed detrimental to the 
national security. (July 19, 1952, ch. 950, 66 Stat. 805.) 

— N O T E— 



Excerpt From House Reft. 1028, 82d Cong., 2d Sess. (1952) 

This bill changes the temporary act of Congress now in 
force into permanent law, with several changes recognized 
as desirable as a result of experience under the temporary 
law and problems anticipated under a permanent law. 

The act of October 6, 1917 (40 Stat. 394, ch. 95; 35 U.S.C. 12) 
authorized the Commissioner of Patents to withhold from issue pat- 
ents or inventions important to the national defense during wartime. 
On July 1, 1940, Public Law 700 was enacted to make the provisions 
of the act of October 6, 1917, effective for 2 years despite the fact 
that the United States was not at war. This action was decided upon 
by the Congress because it was apparent that the national interest 
was endangered by the publication of certain patents. In 1942, 
Public Law 609 was enacted to keep Public Law 700 in effect during 
World War II. In 1941, the act was further amended by Public Law 
239 to prohibit the filing of foreign patent applications without the 
license of the Commissioner of Patents and to provide penalties for 
the violation of the act. 

The temporary act, as amended, remains in force during the time 
when the United States is at war and will cease to be in effect upon 
the official termination of the war. The purpose of the proposed bill 
is to grant the Secretary of Commerce, under certain conditions, the 
authority to keep inventions secret and to withhold issue of patents 
when necessary for the national security. According to the Defense 
Department, it is important to the national defense that the issuance 
of patents resulting from research and development sponsored by 
the aimed services and others relating to classified matters be with- 
held for a period in which the publication of such matters may jeop- 
ardize the national interest. The applications in the Patent Office 
which are presently being withheld from issuance under Public Law 
700 will be issued as patents after the official termination of the war 
unless legislation tn prevent this is enacted. Accordingly the immi- 
nence of the declaration by the Congress of the end of the war with 
Germany and the signing of the Japanese Peace Treaty daces this 
bill in the class of urgent legislation. * 

[Emphasis supplied.] 



305 

Title 37 — Pay and Allowances of the Uniformed Services 



37 U.S.C. 202. Pay grades : assignment to ; rear admirals of 
upper half ; officers holding certain positions in the navy 

* * * * * * * 

(e) An officer of the Navy or the Coast Guard holding a perma- 
nent appointment in the grade of rear admiral on the retired list 
who is entitled to the basic pay of a rear admiral of the lower half 
and who, in time of war or national emergency, has served satisfac- 
torily on active duty for two years in that grade or in a higher 
grade is entitled when on active duty to the basic pay of a rear 
admiral of the upper half. 

* * * * * * * 



37 U.S.C. 310. Special pay: duty subject to hostile fire 

(a) Except in time of war declared by Congress, and under regu- 
lations prescribed by the Secretary of Defense, a member of a uni- 
formed service may be paid special pay at the rate of $65 a month 
for any month in which he was entitled to basic pay and in which he — 

( 1 ) was subject to hostile fire or explosion of hostile mines ; 

(2) was on duty in an area in which he was in imminent 
danger of being exposed to hostile fire or explosion of hostile 
mines and in which, during the period he was on duty in that 
area, other members of the uniformed services were subject to 
hostile fire or explosion of hostile mines; or 

(3) was killed, injured, or wounded by hostile fire, explosion 
of a hostile mine, or any other hostile action. 

A member covered by clause (3) who is hospitalized for the treat- 
ment of his injury or wound may be paid special pay under this sec- 
tion for not more than three additional months during which he is 
so hospitalized. 

(b) A member may not be paid more than one special pay under 
this section for any month. A member may be paid special pay under 
this section in addition to any other pay and allowances to which 
he may be entitled. 

(c) Any determination of fact that is made in administering this 
section is conclusive. Such a determination may not be reviewed by 
any other officer or agency of the United States unless there has 
been fraud or gross negligence. However, the determination may be 
changed on the basis of new evidence or for other good cause. 

(d) The Secretary of Defense shall report to Congress by March 
1 of each year on the administration of this section during the pre- 
ceding calendar year. (Added Pub. L. 88-132, § 9(a)(1), Oct. 2, 
1963, 77 Stat. 216 and amended Pub. L. 89-132, § 4, Aug. 21, 1965, 
79 Stat. 547.) 

[Emphasis supplied.] 



306 



37 U.S.C. 407. Travel and transportation allowances: 

DISLOCATION ALLOWANCE 

(a) Except as provided by subsections (b) and (c) of this section, 
under regulations prescribed by the Secretary concerned, a member 
of a uniformed service — 

(1) whose dependents make an authorized move in connection 
with his change of permanent station ; 

(2) whose dependents are covered by section 405(a) of this 
title; or 

(3) without dependents, who is transferred to a permanent 
station where he is not assigned to quarters of the United 
States; is entitled to a dislocation allowance equal to bis basic 
allowance for quarters for one month as provided for a member 
of his pay grade and dependency status in section 403 of this 
title. For the purposes of this subsection, a member whose 
dependents may not make an authorized move in connection 
with a change of permanent station is considered a member 
without dependents. 

(b) A member is not entitled to more than one dislocation allow- 
ance during a fiscal year unless — 

(1) The Secretary concerned finds that the exigencies of the 
service require the member to make more than one such change 
of station during that fiscal year ; 

(2) the member is ordered to a service school as a change of 
permanent station; or 

(3) the member's dependents are covered by section 405a (a) 
of this title. 

This subsection does not apply in time of national emergency 
declared after April 1, 1955, or in time of war. 

(c) A member is not entitled to payment of a dislocation allow- 
ance when ordered from his home to his first duty station or from 
his last duty station to his home. (Pub. L. 87-649, Sept. 7, 1962, 76 
Stat. 474; Pub. L. 89-26, § 1 (3), (4), May 22, 1965, 79 Stat, 117; 
Pub. L. 89-718, § 60, Nov. 2, 1966, 80 Stat 1123; Pub. L. 90-207, 
§ 1(4), Dec. 16, 1967, 81 Stat. 651.) 



37 U.S.C. 427. Family separation allowance 

(a) In addition to any allowance or per diem to which he other- 
wise may be entitled under this title, a member of a uniformed serv- 
ice with dependents who is on permanent duty outside of the United 
States, or in Alaska, is entitled to a monthly allowance equal to the 
basic allowance for quarters payable to a member without depend- 
ents in the same pay grade if — 

(1) the movement of his dependents to his permanent station 
or a place near that station is not authorized at the expense of 
tho United States under section 406 of this title and his depend- 
ents do not reside at or near that station ; and 

(2) quarters of the United States or a housing facility under 
the jurisdiction of a uniformed service are not available for 
assignment to him. 



307 



(b) Except in time of war or of national emergency hereafter 
declared by Congress, and in addition to any allowance or per diem 
to which he otherwise may be entitled under this title, including 
subsection (a) of this section a member of a uniformed service with 
dependents (other than a member in pay grade E-l, E-2, E-3, or 
E-4 (4 years' or less service) ) is entitled to a monthly allowance 
equal to '$30 if— 

( 1 ) the movement of hi;- dependents to his permanent station 
or a place near that station is not authorized at the expense of 
the United States under section 406 of this title and his depend- 
ents do not reside at or near that station ; 

(2) he is on duty on board a ship away from the home port 
of the ship for a continuous period of more than 30 days ; or 

(3) he is on temporary duty away from his permanent station 
for a continuous period of more than 30 days and his depend- 
ents do not reside at or near his temporary duty station. 

A member who becomes entitled to an allowance under this subsec- 
tion by virtue of duty described in clause (2) or (3) for a continu- 
ous period of more than 30 days is entitled to the allowance effective 
as of the first day of that period. An allowance is payable under this 
subsection even though the member does not maintain for his 
primary dependents who would otherwise normally reside with him, 
a residence or household, subject to his management and control, 
which he is likely to share with them as a common household when 
his duty assignment permits. (Added Pub. L. 88-132, § 11(1), Oct. 
2, 1963, 77 Stat. 217, and amended Pub. L. 91-529, § 1, Dec. 7, 1970, 
84 Stat. 1389; Pub. L. 91-533, § 1, Dec. 7, 1970, 84 Stat. 1392.) 



37 U.S.C. 901. Wartime pay of officer of armed force exercising 

COMMAND HIGHER THAN HIS GRADE 

In time of war, an officer of an armed force who is serving with 
troops operating against an enemy and who exercises, under assign- 
ment in orders issued by competent authority, a command above that 
pertaining to his grade, is entitled to the pay and allowances (not 
above that of pay grade 0-7) appropriate to the command so exer- 
cised. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 486.) 



Title 38 — Veterans' Benefits 



38 U.S.C. 101. Definitions 
For the purposes of this title — 

(1) The term "Administrator" means the Administrator of Vet- 
erans' Affairs. 

(2) The term "veteran" means a person who served in the active 
military, naval, or air service, and who was discharged or released 
therefrom under conditions other than dishonorable. 

[Emphasis supplied.] 



308 



(3) The term "widow" means (except for purposes of chapter 19 
of this title) a woman who was the wile of a veteran at the time of 
his death, and who lived with him continuously from the date of 
marriage to the date of his death (except where there was a separa- 
tion which was due to the misconduct of, or procured by, the veteran 
without the fault of the wife) and who has not remarried or (in 
cases not involving remarriage) has not since the death of the vet- 
eran, and after September 19, 1962, lived with another man and held 
herself out openly to the public to be the wife of such other man. 

(4) The term "child" means (except for purposes of chapter 19 of 
this title and section 5202(b) of this title) a person who is unmar- 
ried and — 

(A) who is under the age of eighteen years; 

(B) who, is before attaining the age of eighteen years, 
became permanently incapable of self-support ; or 

(C) who, after attaining the age of eighteen years and until 
completion of education or training (but not after attaining the 
age of twenty-three years), is pursuing a course of instruction 
at an approved educational institution ; 

and who is a legitimate child, a legally adopted child, a stepchild 
who is a member of a veteran's household or was a member at the 
time of the veteran's death, or an illegitimate child but, as to the 
alleged father, only if acknowledged in writing signed by him, or if 
he has been judicially ordered to contribute to the child's support or 
has been, before his death, judicially decreed to be die father of such 
child, or if he is otherwise shown by evidence satisfactory to the 
Administrator to be the father of such child. A person shall be 
deemed, as of the date of death of a veteran, to be the legally 
adopted child of such veteran if such person was at the time 
of the veteran's death living in the veteran's household and was 
legally adopted by the veteran's surviving spouse within two years 
after the veteran's death or the date of enactment of this sen- 
tence; however, this sentence shall not apply if at the time of the 
veteran's death, such person was receiving 1 regular contributions 
toward his support from some individual other than the veteran or 
his spouse, or from any public or private welfare organization which 
furnishes services or assistance for children. A person with respect 
to whom an interlocutory decree of adoption has been issued by an 
appropriate adoption authority shall be recognized thereafter as a 
legally adopted child, unless and until that decree is rescinded: Pro- 
vided, That the child remains in the custody of the adopting parent 
or parents during the interlocutory period. 

(5) The term "parent" means (except for purposes of chapter 19 
of this itdtle) a father, a mother, a father through adoption, a 
mother through adoption, or an individual who for a period of not 
less than one year stood in the relationship of a parent to a veteran 
at any time before his entry into active military, naval, or air serv- 
ice or if two persons stood in the relationship of a father or a 
mother for one year or more, the person who last stood in the rela- 
tionship of father or mother before the veteran's last entry into 
active military, naval, or air service. 



309 



(6) The term "Spanish-American War" (A) means the period 
beginning on April SI. 1898, and ending on July 4, 1902, (B) 
includes the Philippine Insurrection and the Boxer Eebellion, and 
(C) in the case of a veteran who served with the United States mili- 
tary forces engaged in hostilities in the Moro Province, means the 
period beginning on April 21, 1898, and ending on July 15, 1903. 

(7) The term "World War I" (A) means the period beginning on 
April 6, 1917, and ending on November 11, 1918, and (B) in the case 
of a veteran who served with the United States military forces in 
Russia, means the period beginning on April 6, 1917, and ending on 
April 1, 1920. 

(8) The term "World War II" means (except for purposes of 
chapters 31 and 37 of this title) the period beginning on December 
7, 1941, and ending on December SI, 1946. 

(9) The term "Korean conflict" means the period beginning on 
J une 27, 1950, and ending on J anuary 31, 1955. 

(10) The term "Armed Forces" means the United States Army, 
Navy, Marine Corps, Air Force, and Coast Guard, including the 
reserve components thereof. 

(11) The term "period of war" means the Spanish-American War, 
the Mexican border period. World War I, World War II, the 
Korean conflict, the Vietnam era, and the period beginning on the 
date of any future declaration of war by the Congress and ending 
on the date prescribed by Presidential proclamation or concurrent 
resolution of the Congress. 

(12) The term "veteran of any war" means any veteran who 
served in the active military, naval, or air service during a period of 
war. 

(13) The term "compensation" means a monthly payment made 
by the Administrator to a veteran because of service-connected disa- 
bility, or to a widow, child, or parent of a veteran because of the 
service-connected death of the veteran occurring before January 1, 
1957. 

(14) The term "dependency and indemnity compensation" means 
a monthly payment made by the Administrator to a widow, child, or 
parent (A) because of a service-connected death occurring after 
December 31, 1956, or (B) pursuant to the election of a widow, 
child, or parent, in the case of such a death occurring before Janu- 
ary 1, 1957. 

(15) The term "pension" means a monthly payment made by the 
Administrator to a veteran because of service, age, or non-service- 
connected disability, or to a widow or child of a veteran because of 
the non-service-connected death of the veteran. 

(16) The term "service-connected" means, with respect to disabil- 
ity or death, that such disability was incurred or aggravated, or that 
the death resulted from a disability incurred or aggravated, in line 
of duty in the active military, naval, or air service. 

(17) The term "non-service-connected" means, with respect to dis- 
ability or death, that such disability was not incurred or aggravated, 
or that the death did not result from a disability incurred or aggra- 
vated, in line of duty in the active military, naval, or air service. 

[Emphasis supplied.] 



310 



(18) The term "discharge or release" includes retirement from the 
active military, naval, or air service. 

(19) The term "State home" means a home established by a btate 
(other than a possession) for veterans of any war (including the 
Indian Wars) disabled by age, disease, or otherwise who by reason 
of such disability are incapable of earning a living. Such term also 
includes such a home which furnishes nursing home care for veter- 
ans of any war. 

(20) The term "State" means each of the several States, Territo- 
ries, and possessions of the United States, the District of Columbia, 
and the Commonwealth of Puerto Rico. For the purpose of section 
903 and chapters 34 and 35 of this title, such term also includes the 
Canal Zone. 

(21) The term "active duty" means — 

(A) full-time duty in the Armed Forces, other than active 
duty for training ; 

(B) full-time duty (other than for training purposes) as a 
commissioned officer of the Regular or Reserve Corps of the 
Public Health Service (i) on or after July 29, 1945, or (ii) 
before that date under circumstances affording entitlement to 
"full military benefits" or (iii) at any time, for the purposes of 
chapter 13 of this title ; 

(C) full-time duty as a commissioned officer of the National 
Oceanic and Atmospheric Administration or its predecessor 
organization the Coast and Geodetic Survey (i) on or after July 
29, 1945, or (ii) before that date (a) while on transfer to one of 
the Armed Forces, or (b) while, in time of war or national 
emergency declared by the President, assigned to duty on a 
project for one or the Armed Forces in an area determined by 
the Secretary of Defense to be of immediate military hazard, or 
(c) in the Phillippine Islands on December 7, 1941, and continu- 
ously in such isands thereafter, or (iii) at any time, for the pur- 
poses of chapter 13 of this title; 

(D) service as a cadet at the United States Military, Air 
Force, or Coast Guard Academy, or as a midshipman at the 
United States Naval Academy ; and 

(E) authorized travel to or from such duty or service. 

(22) The term "active duty for training" means — 

(A) full-time duty in the Armed Forces performed by 
Reserves for training purposes ; 

(B) full-time duty for training purposes performed as a com- 
missioned officer of the Reserve Corps of the Public Health 
Service (i) on or after July 29, 1945, or (ii) before that date 
under circumstances affording entitlement to "full military ben- 
efits," or (iii) at any time, for the purposes of chapter 13 of this 
title; 

(C) in the ease of members of the National Guard or Air 
National Guard of any State, full-time duty imder section 316 
502, 503. 504 or 505 of title 32, or the prior corresponding provi- 
sions of law; and 

(D) authorized travel to or from such duty. The term does 
not include duty performed as a temporary member of the 
Coast Guard Reserve. 



311 



(23) The term "inactive duty training'' means — 

(A) duty (other than full-time duty) prescribed for Reserves 
(including commissioned officers of the Reserve Corps of the 
Public Health Service) by the Secretary concerned under sec- 
tion 206 of title 37 or any other provision of law ; and 

(B) special additional duties authorized for Reserves (includ- 
ing commissioned officers of the Reserve Corps of the Public 
Health Service) by an authority designated by the Secretary 
concerned and performed by them on a voluntary basis in 
connection with the prescribed training or maintenance activi- 
ties of the units to which they are assigned. 

In the case of a member of the National Guard or Air National 
Guard of any State, such term means duty (other than full-time 
duty) under "sections 316, 502, 503, 504, or 505 of title 32, or the 
prior corresponding provisions of law. Such term does not include 
(i) work or study performed in connection with correspondence 
courses, (ii) attendance at an educational institution in an inactive 
status, or (iii) duty performed as a temporary member of the Coast 
Guard Reserve. 

(24) The term "Active military, naval, or air service" includes 
active duty, any period of active duty for training during which the 
individual concerned was disabled or died from a disease or injury 
incurred or aggravated in line of duty, and any period of inactive 
duty training during which the individual concerned was disabled or 
died from an injury incurred or aggravated in line of duty. 

(25) The term "Secretary concerned" means — 

(A) the Secretary of the Army, with respect to matters con- 
cerning the Army ; 

(P>) the Secretary of the Navy, with respect to matters con- 
cerning the Navy or the Marine Corps ; 

(C) the Secretary of the Air Force, with respect to matters 
concerning the Air Force ; 

(D) the Secretary of Transportation, with respect to matters 
concerning the Coast Guard ; 

(E) the Secretary of Health, Education, and Welfare, with 
respect to matters concerning the Public Health Service ; and 

(F) the Secretary of Commerce, with respect to matters con- 
cerning the National Oceanic and Atmospheric Administration 
or its predecessor organization the Coast and Geodetic Survey. 

(26) The term "Reserve" means a member of a reserve component 
of one of the Armed Forces. 

(27) The term "reserve component" means, with respect to the 
Armed Forces — 

( A ) the Army Reserve ; 

(B) the Naval Reserve ; 

( C ) the Marine Corps Reserve ; 

(D) the Air Force Reserve ; 

(E) the Coast Guard Reserve ; 

(F) the National Guard of the United States; and 

(G) the Air National Guard of the United States. 

(28) The term "nursing home care" means the accommodation of 
convalescents or other persons who are not acutely ill and not in 
need of hospital care, but who require skilled nursing care and 



312 



related medical services, if such nursing care and medical services 
are prescribed by, or are performed under the general direction of, 
persons duly licensed to provide such care. The term includes inten- 
sive care where the nursing service is under the supervision of a reg- 
istered professional nurse. 

(29) The term "Vietnam era" means the -period beginning August 
5, 1964, and ending on such date as shall thereafter be determined 
by Presidential proclamation or concurrent resolution of the Con- 

(30) The term "Mexican border period" means the period begin- 
ning on May 9, 1916, and ending on April 5, 1917, in the case of a 
veteran who during such period served in Mexico, on the borders 
thereof, or in the water adjacent thereto (Pub. L. 85-857, Sept. 2, 
1958, 72 Stat. 1106; Pub. L. 86-195, Aug. 25, 1959, 73 Stat. 424; 
Pub. L. 87-674, § 1, Sept. 19, 1962, 76 Stat 558; Pub. L. 87-315, 
§ 3, Oct. 15, 1962,' 76 Stat. 927; Pub. L. 88-450, § 4(c), (d), Aug. 19, 
1964, 78 Stat. 504; Pub. L. 89-311, § 2(c) (1), Oct. 31, 1965, 79 
Stat. 1155; Pub. L. 89-358, § 4(d), Mar. 3. 1966, 80 Stat. 24; Pub. 
L. 90-77, title II, § 201, Aug. 31, 1967, 81 Stat 181; Pub. L. 91-24, 
§§ 1(a), (b), 16, June 11, 1969, 83 Stat. 33, 35; Pub. L. 91-262, 
§ 1, May 21, 1970, 84 Stat. 256; Pub. L. 91-588, § 9(a), (b), Dec. 24, 
1970, 84 Stat. 1584; Pub. L. 91-621, § 6(a) (1), (2), Dec. 31, 1970, 

84 Stat. 1864.) (As amended Pub. L. 92-198, § 5(a), Dec. 15, 1971, 

85 Stat. 664.) 



38 TT.S.C. 521. Veterans or the Mexican border period, World War 
I, World War II, the Korean conflict, or the Vietnam era 

******* 

(g) A veteran meets the service requirements of this section if he 
served in the active military, naval, or air service — 

(1) for ninety days or more during either the Mexican bor- 
der period, World War I, World War II, the Korean conflict, 
or the Vietnam era ; 

(2) during the Mexican border period. World War I, World 
War II, the Korean conflict, or the Vietnam era, and was dis- 
charged or released from such service for a service-connected 
disability ; 

(3) for a period of ninety consecutive days or more and such 
period ended during the Mexican border period or World War 
I, or besran or ended during World War II. the Korean conflict, 
or the Vietnam era; or 

(4) for an aggregate of ninety days or more in two or more 
separate periods of service during more than one period of war. 

(Pub. I,. 8.-.-8.17. Sept, 2. 1958, 72 Stat. 1136; Pub. L. 86-211, 
S 3(a), Aug. 29, 1959, 73 Stat 433; Pub. L. 87-101, § 1, July 21, 1961, 
75 Stat. 218; Pub. L. 88-664, §§ 3(a). (b), 5, 6(a), 7, Oct 13, 1964, 
78 Stat. 1094, 1095; Pub. L. 90-77, title I, § 104, title II 
§ 202(n)-(o). Aus. 31, 1967. 81 Stat 179, 182; Pub. L. 90-27s' 
§l(a), (b), Mar. 28, 1968, 82 Stat 64, 65; Pub. L. 91-588, 88 1(a)' 
(b), 9(c), Dec. 24, 1970, 84 Stat 1580, 1583, 1584.) 



[Emphasis supplied.] 



313 



(As amended Pub. L. 92-198, §§ 1(a), (b), 5(b), Dec. 15, 1971, 85 
Stat. 663, 664.) 



Title 40 — Public Buildings, Property, and Works 



40 U.S.C. 71d. Proposed Federal and District developments and 

PROJECTS 

(a) Consultations between agencies and Commission ; procedure. 

In order to insure the comprehensive planning and orderly develop- 
ment of the National Capital, each Federal and District of Colum- 
bia agency prior to the preparation of construction plans originated 
by such agency for proposed developments and projects or to com- 
mitments for the acquisition of land, to be paid for in whole or in 
part from Federal or District funds, shall advise and consult with 
the Commission in the preparation by the agency of plans and pro- 
grams in preliminary and successive stages which affect the plan and 
developments of the National Capital : Provided, however, That the 
Commission shall determine in advance the type or kinds of plans, 
developments, projects improvements, or acquisitions which do not 
need to be submitted for review by the Commission as to conformity 
with its plans. After receipt of such plans, maps, and data, it shall 
be the duty of the Commission to make promptly a preliminary 
report and recommendations to the agency or agencies concerned. If, 
after having received and considered the report and recommenda- 
tions of the Commission the agency does not concur, it shall advise 
the Commission with its reasons therefor, and the Commission shall 
submit a final report. After such consultation and suitable considera- 
tion of the views of the Commission the agency may proceed to take 
action in accordance w r ith its legal responsibilities and authority. 

(b) Exceptions to consultation procedure. 

The procedure prescribed in subsection (a) of this section shall 
not apply to projects within the Capitol grounds or to structures 
erected by the Department of Defense during wartime or national 
emergency within existing military, naval, or Air Force reservations, 
except that the appropriate defense agency shall consult with the 
Commission as to any developments which materially affect traffic or 
require coordinated planning of the surrounding area. 

(c) Approval of District Government buildings within central 
area. 

The provisions of section 16 of the Act approved June 20, 1938 
(52 Stat. 802), are extended to include public buildings erected by 
any agency of the Government of the District of Columbia within 
the boundaries of the central area of the District as said central area 
may be defined and from time to time redefined by concurrent action 
of the Commission and the District of Columbia Council. 

(d) Additional procedure for consultation on developments and 
projects within environs. 

Within the environs, general plans showing the location, charac- 
ter, extent and intensity of use for proposed Federal and District 



314 



developments and projects involving the acquisition of land, shall be 
submitted to the Commission for report and recommendations before 
final commitment to said acquisition, unless such matters shall have 
been specifically approved by an Act of Congress. Before acting on 
any general plan, the Commission shall advise and consult with the 
National Capital Regional Planning Council and the appropriate 
planning agency having jurisdiction over the affected part of the 
environs. When, in the judgment of the Commission, proposed devel- 
opments or projects submitted to the Commission under subsection 
(a) of this section involve a major change in the character or inten- 
sity of an existing use in the environs, the Commission shall likewise 
advise and consult with the National Capital Regional Planning 
Council and the aforesaid planning agency. The report and recom- 
mendations required under this subsection shall be submitted within 
sixty days and shall be accompanied by any reports or recommenda- 
tions that may have been prepared by the National Capital Regional 
Planning Council or the aforesaid planning agency. 

(c) Intent of section; interchange of plans, data, etc. 

It is the intent of the foregoing provisions of this section to 
obtain cooperation and correlation of effort between the various 
agencies of the Federal and District Governments which are respon- 
sible for public developments and projects, including the acquisition 
of land. These agencies, therefore, shall look to the Commission and 
utilize it as the central planning agency for the Federal and District 
Governments in the National Capital region. To aid the Commission 
in carrying out this function, plans, data, and records, or copies 
thereof, necessary to the Commission shall be furnished upon its 
request by such Federal and District governmental agencies; and the 
Commission shall likewise furnish related plans, data, and records, 
or copies thereof, to Federal and District of Columbia governmental 
agencies upon request (June 6, 1924, ch. 270, § 5, as added Julv 19. 
1952, ch. 949, § 1, 66 Stat. 787.) ' ' 



40 U.S.C. 276a-5. Suspension of sections 276a to 276a-5 during 

EMERGENCY 

In the event of a national emergency the President is authorised 
to suspend the Provisions of sections 276a to 276a-5 of this title. 
(Mar 3, 1931, ch. 411, § 0, as added Aug. 30, 1935, ch. 825, 49 Stot. 



40 U.S.C. 278b. Same; exception op certain vital leases 

DURING WAR OR EMERGENCY 

The provisions of section 278a of this title shall not apply during 
war or a national emergency declared by Congress or by the Presi- 
dent to such leases or renewals of existing leases of privately or pub- 
licly owned property as arc certified by the Secretary of the Army 
or the Secretary of the Navy, or by such person or persons as he 

[Emphasis supplied.] 



315 



may designate, as covering premises for military, naval, or civilian 
purposes necessary for the prosecution of the war or vital in the 
national emergency. (Apr. 28, 1942, ch. 249, 56 Stat. 247.) 

— N O T E — 

Excerpt from House Reft. 2029, 77th Cong., 2d Sess. (1942) 

The Committee on Expenditures in the Executive Depart- 
ments, to whom was referred the bill (S. 2212) to suspend 
during a national emergency declared by Congress or by the 
President the provisions of section 322 of the act of June 
30, 1932, as amended, having considered the same, report 
favorably thereon with recommendation that it do pass 
with amendments. 

The purpose of the proposed legislation is to render 
inapplicable to leases entered into by the Government for 
national defense purposes the present restrictions of section 
322 of the act of June 30, 1932, as amended (40 TJ.S.C. 
278A), that the annual rental of properties leased may not 
exceed 15 percent of the market value of the premises on 
that date of the lease, and the further restriction that altera- 
tions, improvements, and repairs may not be made in an 
amount in excess of 25 percent of the amount of the rent 
for the first year of the rental term, or for the entire rental 
term if the lease runs for less than 1 year. 

Testimony given by witnesses from the War Department 
indicates that these restrictions are impracticable in connec- 
tion with leases of premises for the establishment of infor- 
mation and filter centers as part of aircraft warning service 
installations, and also in many other types of national 
defense leases, as, for example, the leasing of properties for 
use as offices and warehouses, for storage or manufacturing 
purposes. Navy Department expressed concurrence in these 
observations. 

The committee concurs in the view that all leases which 
are to be exempted from the provisions of section 322 of the 
act of June 30, 1932, as amended, should be certified by the 
Secretary of War or the Secretary of the Navy, or their 
authorized representatives, as covering premises for mili- 
tary, naval, or civilian purposes necessary for the prosecu- 
tion of the war or vital in the national emergency. The bill, 
as introduced, was amended by the Senate by insertion of 
appropriate language to this effect. This language will 
require executive departments or establishments other than 
the War and Navy Departments to obtain a certificate from 
an authorized representative of the Secretary of War or the 
Secretary of the Navy to the effect that the lease in question 
is necessary for the prosecution of the war or vital in the 
national emergency. If no such certificate is obtained the 

[Emphasis supplied.] 



316 



existing restrictions which, in the judgment of the commit- 
tee, are desirable where prosecution of the war effort is not 
involved, will be applicable. 



40 U.S.C. 314. Sale or war supplies, lands, and buildings 

The President is authorized, through the head of any executive 
department, to sell, upon such terms as the head of such department 
shall deem expedient, to any person, partnership, association, corpo- 
ration, or any other department of the Government, or to any foreign 
State or Government, engaged in war against any Government with 
which the United States is at war, any war supplies, material and 
equipment, and any by-products thereof, and any building, plant or 
factory, acquired since April sixth, nineteen hundred and seventeen, 
including the lands upon which the plant or factory may be situ- 
ated, for the production of such was supplies, materials, and equip- 
ment which, during the emergency existing July 9, 1918, may have 
been purchased, acquired, or manufacured by the United States: 
Provided further, That sales of guns and ammunition made under 
the authority contained in this section or any other Act shall be lim- 
ited to sales to other departments of the Government and to foreign 
States or Governments engaged in war against any Government 
with which the United States is at war, and to members of the 
National Rifle Association and of other recognized associations orga- 
nized in the United States for the encouragement of small-arms 
target practice. (July 9, 1918, ch. 143, 40 Stat. 850; Feb. 25, 1919, ch. 
39, § 3, 40 Stat. 1173; May 29, 1928, ch. 901, 45 Stat. 986; Aug. 7, 
1946, ch. 770, § 1 (55), 60 Stat. 870.) 6 



40 U.S.C. 484. Disposal of surplus property 

(a) Supervision and direction. 

Except as otherwise provided in this section, the Administrator 
shall have supervision and direction over the disposition of surplus 
property. Such property shall be disposed of to such extent, at such 
time, in such areas, by sucli agencies, at such terms and conditions, 
and in such manner, as may be prescribed in or pursuant to this Act 

(b) Care and handling. 

The care and handling of surplus property, pending its disposition, 
and the disposal of surplus property, may be performed by the Gen- 
eral Services Administration or, when so determined bv the Admin- 
istrator, by the executive agency in possession thereof or by anv 
other executive agency consenting thereto. 

(c) Method of disposition. 

Any executive agency designated or authorized by the Adminis- 
rator to dispose of surplus property may do so by sale, exchange 
least-, permit, or transfer, for cash, credit, or other property, with or 
without warranty, and upon such other terms and conditions as the 
[Emphasis supplied.] 



317 



Administrator deems proper, and it may execute such documents for 
the transfer of title or other interest in property and take such other 
action as it deems necessary or proper to dispose of such property 
under the provisions of this subchapter. 

(d) Validity of deed, bill of sale, lease, etc. 

A deed, bill of sale, lease, or other instrument executed by or on 
behalf of any executive agency purporting to transfer title or any 
other interest in surplus property under this subchapter shall be 
conclusive evidence of compliance with the provisions of this sub- 
chapter insofar as concerns title or other interest of any bona fide 
grantee or transferee for value and without notice of lack of such 
compliance. 

(e) Bids for disposal; advertising; procedure; disposal by nego- 
tiation; explanatory statement. 

(1) All disposals or contracts for disposal of surplus property 
(other than by abandonment, destruction, donation, or through con- 
tract brokers) made or authorized by the Administrator shall be 
made after publicly advertising for bids, under regulations pre- 
scribed by the Administrator, except as provided in paragraphs (3) 
and (5) of this subsection. 

(2) Whenever public advertising for bids is required under para- 
graph (1) of this subsection — 

(A) the advertisement for bids shall be made at such time 
previous to the disposal or contract, through such methods, and 
on such terms and conditions as shall permit that full and free 
competition which is consistent with the value and nature of the 
property involved; 

(B) all bids shall be publicly disclosed at the time and place 
stated in the advertisement ; 

(C) award shall be made with reasonable promptness by 
notice to the responsible bidder whose bid, conforming to the 
invitation for bids, will be most advantageous to the Govern- 
ment, price and other factors considered: Provided. That all 
bids may be rejected when it is in the public interest to do so. 

(3) Disposals and contracts for disposal may be negotiated, under 
regulations prescribed by the Administrator, without regard to para- 
graphs (1) and (2) of this subsection but subject to obtaining such 
competition as is feasible under the circumstances, if 

(A) necessary in the public interest during the period of a 
national emergency declared by the President or the Congress, 
with respect to a particular lot or lots of personal property or, 
for a period not exceeding three months, with respect to a spe- 
cifically described category or categories of personal property as 
determined by the Administrator; 

(B) the public health, safety, or national security will thereby 
be promoted by a particular disposal of personal property ; 

(C) public exigency will not admit of the delay incident to 
advertising certain personal property ; 

(D) the personal property involved is of a nature and quan- 
tity which, if disposed of under paragraphs (1) and (2) of this 
subsection, would cause such an impact on an industry or indus- 

[Emphasis supplied.] 



318 



tries as adversely to affect the national economy, and the esti- 
mated fair market value of such property and other satisfactory 
terms of disposal can be obtained by negotiation ; 

(E) the estimated fair market value of the property involved 
does not exceed $1,000 ; 

(F) bid prices after advertising therefor are not reasonable 
(either as to all or some part of the property) or have not been 
independently arrived at in open competition ; 

(G) with respect to real property only, the character or con- 
dition of the property or unusual circumstances make it 
impractical to advertise publicly for competitive bids and the 
fair market value of the property and other satisfactory terms 
of disposal can be obtained by negotiation ; 

(H) the disposal will be to States, Territories, possessions, 
political subdivisions thereof, or tax-supported agencies therein, 
and the estimated fair market value of the property and other 
satisfactory terms of disposal are obtained by negotiation ; or 

(I) otherwise authorized by this Act. 

* * * * * * * 

—NOTE— 

Excerpt from Senate Rett. 1284, 81st Cong., 1st Sess. (1949) 

Subparagraph (A) of paragraph (3), like its counterpart 
in title III, will facilitate Government operations during a 
national emergency. Use of this authority is restricted to 
particular lots of property and, for short periods of time, to 
categories or general classes of property, and its objective is 
to avoid undue delay and publicity and to expedite the 
transfer of particular property to a particular contractor 
for defense purposes. Declaration of a national emergency 
without other pertinent circumstances would not constitute 
a justification for use of this authority. 

— N O T E — 

Excerpt from House Rept. 1763, 81st Cong., 1st Sess. (1949) 

This committee amendment, therefore, keeps intact the 
present procedure regarding explanatory statements, which 
has proved very satisfactory. The fact that property may 
need to be disposed of by negotiation in emergency situa- 
tions does not reduce the interest of Congress in such dis- 
posals. The disposal agency might in a particular emer- 
gency situation obtain the informal concurrence of the 
committees to eliminate delay in a disposal, but the submis- 
sion of an explanatory statement of the circumstances to the 
committee would nevertheless be required. The Administra- 
tor of General Services was agreeable to this amendment. 
[Emphasis supplied.] 



319 



40 U.S.C. 534. Waiver of procedures for disposal of urban lands, 

ACQUISITION OR CHANGE OF USE OF REAL PROPERTY 

The procedures prescribed in sections 532 and 533 of this title may 
be waived during any period of national emergency proclaimed by 
the President. (June 30, 1949, ch. 288, title VIII, § 805, as added 
Oct. 16, 1968, Pub. L. 90-577, title V, § 501, 82 Stat. 1105.) 



Title 41. — Public Contracts 



41 TJ.S.C. 11. No CONTRACTS or purchases unless authorized or 

UNDER ADEQUATE APPROPRIATION ; REPORT TO THE CONGRESS 

(a) No contract or purchase on behalf of the United States shall 
be made, unless the same is authorized by law or is under an appro- 
priation adequate to its fulfillment, except in the Departments of the 
Army, Navy, and Air Force, for clothing, subsistence, forage, fuel, 
quarters, transportation, or medical and hospital supplies, which, 
however, shall not exceed the necessities of the current year. 

(b) The Secretary of Defense shall immediately advise the Con- 
gress of the exercise of the authority granted in subsection (a) of this 
section, and shall report quarterly on the estimated obligations in- 
curred pursuant to the authority granted in subsection (a) of this sec- 
tion. (R.S. § 3732; June 12, 1906, ch. 3078, 34 Stat. 255; Oct. 15, 1966, 
Pub. L. 89-687, title VI, § 612 (e) , 80 Stat. 993.) 

DERIVATION 

Act Mar. 2, 1861, ch. 84, § 10, 12 Stat. 320. 

CODIFICATION 

The Department of the Air Force was inserted under the authority 
of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 
501, and Secretary of Defense Transfer Orders No. 6, eft. Jan. 15, 
1948; No. 12 [§ 1 (13)], May 14, 1948; No. 39, May 18, 1949, and No. 
40 [App. B(115)], July 22, 1949. The Department of War was desig- 
nated the Department of the Army and the title of the Secretary of 
War was changed to Secretary of the Army by section 205 (a) of such 
act July 26, 1947. Sections 205 (a) and 207 (a), (f) of act July 26, 
1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A 
Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed 
Forces", which in sections 3011-3013 and 8011-8013 continued the 
military Departments of the Army and Air Force under the adminis- 
trative supervision of a Secretary of the Army and a Secretary of the 
Air Force, respectively. 

[Emphasis supplied.] 



320 



AMENDMENTS 

1966 — Pub. L. 89-687 designated existing provisions as subsec. (a) 
and added subsec.(b). 

1906— Act June 12, 1906, inserted "medical and hospital supplies." 

CROSS REFERENCES 

Contracts for Indian supplies in advance of appropriations, see sec- 
tion 99 of Title 25, Indians. 

Expenditure by any department in excess of appropriations pro- 
hibited, see section 665 of Title 31, Money and Finance. 

Printing appropriations not to be exceeded, see section 1102 of Title 
44, Public Printing and Documents. 

Projects under Mexican treaties, authority to enter into contracts be- 
yond amount appropriated, notwithstanding this section, see section 
277d-1 of Title 22, Foreign Relations and Intercourse. 

Public lands, fire protection: contract authority of Secretary of In- 
terior for use of aircraft, and for supplies and services, in advance of 
appropriation; accrual of obligation; contingent obligation, see sec- 
tion 1302a of Title 43, Public Lands. 

SECTION BEFEREED TO IN OTHER SECTIONS 

This section is referred to in Title 22, section 277d-3 ; Title 50 App., section 
2094. 

— NOTE— 

The "Feed and Forage" Act of 1861 

In 1972, the then Defense Secretary, Melvin Laird, said that this 
statute could be used to assure the expenditure of funds in South- 
east Asia, for use by U.S. forces, despite congressional prohibitions. 
When questioned by Senator William Proxmire during hearings on 
the foreign assistance appropriation act for fiscal 1973, Secretary 
Laird replied: 

If there is not any action by the Senate at all on even a 
continuing resolution, then the only legislation which would 
permit us to operate would be the deficiency authorization 
legislation — which was passed at the time of the Civil War — 
which gives to the Department of Defense and to the Com- 
mander in Chief, the President of the United States, the au- 
thority to obligate on a deficiency basis for the subsistence of 
our military personnel and for other requirements needed to 
support those military people. 

Enacted in 1861 at the time of the Civil War, it is known as the 
"feed and forage" law. The provisions of the law provide that pur- 
chases by the military can be made "for clothing, subsistence, forage 
fuel, quarters, transportation or medical and hospital supplies" with- 
out the approval of Congress that is customarily required. 

Former Secretary of Defense Melvin Laird asserted that the statute 
would permit the President to ignore Congress' prohibition of funds 
for the war in Indochina; and to continue spending, on a deficiency 



321 



basis, for the continued use of U.S. forces. Secretary Laird went on 
to assert that only additional positive action by Congress — in this 
case, the repeal of this specific deficiency authorization — would be re- 
quired to halt expenditures for the involvement of U.S. forces in hos- 
tilities in Asia. 

A study of the legislative history of this act affirms that use of the 
"feed and forage" authority as legal justification — for continuing the 
use of U.S. forces against the will of Congress — was unwarranted. In 
fact, as the legislative history of the law demonstrates, the "feed and 
forage" provision was part of a long congressional campaign to tighten 
congressional control over unauthorized executive branch expendi- 
tures. However, in 1861, one exception to strict controls over contract- 
ing authority was allowed to the War Department for this particular 
class of military supplies. The reason for this exception involved cer- 
tain administrative shortcomings which, during the Civil War period, 
made legislative approval for item-by-item military purchases imprac- 
tical, untimely or even impossible. 

To illustrate : Congress, during this period, met in "short" sessions 
with lengthy periods of adjournment during which unforeseen and 
necessary appropriations could not be authorized. And, even when the 
Congress was in session, normal delays in the legislative process itself 
occasionally hampered the War Department in procuring necessary 
supplies. With troops posted throughout the West— many days ride 
from Washington — it was evident that delays resulting from con- 
gressional delays could have resulted in the collapse of security on the 
frontier. In order to protect American troops from supply shortages 
caused by unavoidable delays, Congress extended to the President 
discretionary "feed and forage" authority. It was clearly intended as 
a stop-gap funding device. 

Subsequently, Congress has enacted a host of stop-gap funding de- 
vices to deal with similar military purchasing problems. An example 
is the use of continuing resolutions which now cover Defense Depart- 
ment appropriations in the event a military appropriation bill is de- 
layed. Moreover, Congress is no longer a "part-time" legislative body, 
and the "short session" has disappeared. The Congress is, for all prac- 
tical purposes, always available to grant necessary military funding 
authority. Also, there exists a transfer authority which allows the 
Defense Department $600 million to supplement its programs as 
needed — unless specifically prohibited. 

It is quite evident that the original conditions giving rise to the 
"feed and forage" authority have long since disappeared. But 41 
U.S.C. 11 with its broad statutory language remains. Its recent his- 
tory is somewhat similar to that of section 5 (b) of Trading with the 
Enemy Act in which the original intention of the legislation has been 
twisted to justify purposes other than those for which they were 
enacted. 



41 U.S.C. 15. Transfers or contracts; assignment of claims; set- 
off AGAINST ASSIGNEE 

No contract or order, or any interest therein, shall be transferred 
by the party to whom such contract or order is given to anv other 
party, and any such transfer shall cause the annulment of the con- 



322 



tract or order transferred, so far as the United States are corned. 
All rights of action, however, for any breach of such contract by the 
contracting parties, are reserved to the United States. . 

The provisions of the preceding paragraph shall not apply m any 
case in which the moneys due or to become due from the United 
States or from any agency or department thereof, under a contract 
providing for payments aggregating $1,000 or more, are assigned to 
a bank, trust company, or other financing institution, including any 
Federal lending agency: Provided, 1. That in the case of any con- 
tract entered intS prior to October 9, 1940 no claim shall be 
assigned without the consent of the head of the department or 
agency concerned; 2. That in the case of any contract entered into 
after 'October 9, 1940, no claim shall be assigned if it arises under a 
contract which forbids such assignment; 3. That unless otherwise 
expressly permitted bv such contract any such assignment shall 
cover all amounts payable under such contract and not already paid, 
shall not be made to more than one party, and shall not be subject to 
further assignment, except that any such assignment may be made to 
one party as agent or trustee for two or more parties participating 
in such financing; 4. That in the event of any such assignment, the 
assignee thereof shall file written notice of the assignment together 
with a true copy of the instrument of assignment with (a) the con- 
tracting officer 'or the head of his department or agency; (b) the 
surety or sureties upon the bond or bonds, if any, in connection with 
such 'contract ; and (c) the disbursing officer, if any, designated in 
such contract to make payment. 

Notwithstanding any law to the contrary governing the validity 
of assignments, any assignment pursuant to this section, shall consti- 
tute a valid assignment for all purposes. 

In any case in which moneys due or to become due under any con- 
tract are or have been assigned pursuant to this section, no liability 
of any nature of the assignor to the United States or any depart- 
ment or agency thereof, whether arising from or independently of 
such contract, shall create or impose any liability on the part of the 
assignee to make restitution, refund, or repayment to the United 
States of any amount heretofore since July 1, 1950, or hereafter 
received under the assignment. 

Any contract of the Department of Defense, the General Services 
Administration, the Atomic Energy Commission, or any other 
department or agency of the United States designated by the Presi- 
dent, except any such contract under which full payment has been 
made, may, m time of war or national emergency proclaimed by the 
President (including the national emergency proclaimed December 
16, 1950) or by Act or joint resolution of the Congress and until 
such war or national emergency has been terminated in mch manner, 
provide or be amended without consideration to provide that pay- 
ments to be made to the assignee of any moneys due or to become 
due under such contract shall not be subject to reduction or set-off, 
and if such provision or one to the same general effect has been at 
any time heretofore or is hereafter included or inserted in any such 
contract, payments to be made thereafter to an assignee of any 

[Emphasis supplied.] 



323 



moneys due or to become due under such contract, whether during or 
after such war or emergency, shall not be subject to reduction or 
set-off for any liability of any nature of the assignor to the United 
States or any department or agency thereof which arises independ- 
ently of such contract, or hereafter for any liability of the assignor 
on account of (1) renegotiation under any renegotiation statute or 
under any statutory renegotiation article in the contract, (2) fines, 
(3) penalties (which term does not include amounts which may be 
collected or withheld from the assignor in accordance with or for 
failure to comply with the terms of the contract), or (4) taxes, 
social security contributions, or the withholding or nonwithholding 
of taxes or social security contributions, whether arising from or 
independently of such contract. 

Except as herein otherwise provided, nothing in this section, shall 
be deemed to affect or impair rights or obligations heretofore 
accrued. (R. S. § 3737; Oct. 9, 1940, ch. 779, § 1, 54 Stat. 1029; May 
15, 1951, ch. 75, 65 Stat. 41.) 

— N 0 T E — 

Excerpt from Senate Kept. 217, 82d Cong., 1st Sess. (1951) 

The Committee on Banking and Currency, to whom was 
referred the bill (S. 998) to facilitate the financing of 
defense contracts by banks and other financing institutions, 
to amend the Assignment of Claims Act of 1940, and for 
other purposes, having considered the same, report favora- 
bly thereon with amendments and recommend that the bill, 
as amended, do pass. 

Enactment of S. 998, with committee amendments, would 
make it clear that a bank or other financing institution 
taking an assignment of claims pursuant to the act would 
not be subject to later recovery by the Government of 
amounts previously paid to the bank as assignee, except, of 
course, that it would not prevent the Government from 
obtaining restitution of amounts which may have been paid 
as the result of fraud. 

Secondly, the amendment would continue the provision of 
the present law that, if an assigned contract contains a "no 
set-off" clause, payments made by the Government to the 
assignee bank will not be subject to reduction or set-off 
because of any claims of the Government against the con- 
tractor which arise independently of the contract, but it 
would also be made clear that the assignee would be pro- 
tected against set-off on account of claims of the Govern- 
ment against the contractor arising from renegotiation, 
fines, and penalties — claims which are ordinarily regarded 
as arising outside of the assigned contract. In any event, 
however, where the Government has claims against the con- 
tractor, the Government would be allowed to withhold, out 
of payments due to an assignee bank, any amounts in excess 



324 



of the bank's interest in loans secured by such assignments. 

Finally, the authority for including the no .set-ott 
clause in Government contracts, which is now restricted to 
the Departments of the Army, Navy, and Air Force, would 
be extended to contracts entered into by the General berv- 
ices Administration, the Atomic Energy Commission, and 
such other agencies of the Government as the President 
may designate. However, authority for the inclusion of the 
clause would not be mandatory — it would be permissive in 
all cases at the discretion of the Government agencies con- 
cerned. 



41 U.S.C. 252. Purchases and contracts fob property 

(a) Applicability of chapter; delegation of authority. 

Executive agencies shall make purchases and contracts for prop- 
erty and services in accordance with the provisions of this chapter 
and implementing regulations of the Administrator; but this chap- 
ter does not apply — 

(1) to the Department of Defense, the Coast Guard, and the 
Xational Aeronautics and Space Administration ; or 

(2) when this chapter is made inapplicable pursuant to sec- 
tion 474 of Title 40 or any other law, but when this chapter is 
made inapplicable by any such provision of law, sections 5 and 
S of this title shall be applicable in the absence of authority 
conferred by statute to procure without advertising or without 
regard to said section 5 of this title. 

(b) Small business concerns; share of business; advance publicity 
on negotiated purchases and contracts for property. 

It is the declared policy of the Congress that a fair proportion of 
the total purchases and contracts for property and services for the 
Government shall be placed with small business concerns. Whenever 
it is proposed to make a contract or purchase in excess of $10,000 by 
negotiation and without advertising, pursuant to the authority of 
paragraph (7) or (8) of subsection (c) of this section, suitable 
advance publicity, as determined by the agency head with due 
regard to the type of property involved and other relevant consider- 
ations, shall be given for a period of at least fifteen days, wherever 
practicable, as determined by the agency head. 

(c) Negotiated purchases and contracts for property; conditions. 
All purchases and contracts for property and services shall be 

made by advertising, as provided in section 253 of this title, except 
that such purchases and contracts may be negotiated by the agency 
head without advertising if — 

(1) determined to be necessary in the public interest during 
the period of a national emergency declared by the President or 
by the Congress; 

(2) the public exigency will not admit of the delay incident 
to advertising; 

(3) the aggregate amount involved does not exceed $2,500; 

(4) for personal or professional services ; 

[Emphasis supplied.] 



325 



(5) for any service to be rendered by any university, college, 
or other educational institution; 

(6) the property or services are to be procured and used out- 
side the limits of the United States and its possessions ; 

(7) for medicines or medical property ; 

(8) for property purchased for authorized resale; 

( 9 ) for perishable or nonperishable subsistence supplies ; 

(10) for property or services for which it is impracticable to 
secure competition; 

(11) the agency head determines that the purchase or con- 
tract is for experimental, developmental or research work, or for 
the manufacture or furnishing of property for experimentation, 
development, research, or test; 

(12) for property or services as to which the agency head 
determines that the character, ingredients, or components 
thereof are such that the purchase or contract should not be 
publicly disclosed; 

(13) for equipment which the agency head determines to be 
technical equipment, and as to which he determines that the 
procurement thereof without advertising is necessary in special 
situations or in particular localities in order to assure standardi- 
zation of equipment and interchangeability of parts and that 
such standardization and interchangeability is necessary in the 
public interest; 

(14) for property or services as to which the agency head 
determines that bid prices after advertising therefor are not rea- 
sonable (either as to all or as to some part of the requirements) 
or have not been independently arrived at in open competition : 
Provided, That no negotiated purchase or contract may be 
entered into under this paragraph after the rejection of all or 
some of the bids received unless (A) notification of the inten- 
tion to negotiate and reasonable opportunity to negotiate shall 
have been given by the agency head to each responsible bidder 
and (B) the negotiated price is the lowest negotiated price 
offered by any responsible supplier ; or 

(15) otherwise authorized by law, except that section 254 of 
this title shall apply to purchases and contracts made without 
advertising under this paragraph. 

(d) Bids in violation of antitrust laws. 

If in the opinion of the agency head bids received after advertis- 
ing evidence any violation of the antitrust laws he shall refer such 
bids to the Attorney General for appropriate action. 

(e) Exceptions to section. 

This section shall not be construed to (A) authorize the erection, 
repair, or furnishing of any public building or public improvement, 
but such authorization shall be required in the same manner as here- 
tofore, or (B) permit any contract for the construction or repair of 
buildings, roads, sidewalks, sewers, mains, or similar items to be 
negotiated without advertising as required by section 253 of this 
title, unless such contract is to be performed outside the continental 
United States or unless negotiation of such contract is authorized by 



326 



the provisions of paragraphs (1)— (3), (10)— (12), or (14) of 
subsection (c) of this section. 

( f ) Carriage of cargo ; specification of container size. 

No contract for the carriage of Government property in other 
than Government-owned cargo containers shall require carriage of 
such property in cargo containers of any stated length, height, or 
width. (June 30, 1949, ch. 288, title II, § 302, 63 Stat. 393; July 12, 
1952, ch. 703, § 1 (m), 66 Stat. 594; Aug. 28, 1958, Pub. L. 85-800, 
§§ 1-3, 72 Stat. 966; Nov. 8, 1965, Pub. L. 89-343, §§ 1, 2, 79 Stat. 
1303; Nov. 8, 1965, Pub. L. 89-348, § 1(2), 79 Stat. 1310; Mar. 16, 
1968, Pub. L. 90-268, § 4, 82 Stat. 50.) 

— NOTE— 

ExCEitr-T from House Reft. 670, 81st Cong., 1st Sess. (1949) 

TITLE III. PROCUREMENT PROCEDURE 

This title follows in structure, and is identical in lan- 
guage with, the Armed Services Procurement Act, with a 
few appropriate changes and omissions. 

Section 301. Declaration of purpose 

This section states that the purpose of title III is to facil- 
itate the procurement of supplies and services. 

Section 302. Application and procurement methods 
******* 

(e) Initially, this subsection reaffirms the basic principle 
that purchases and contracts shall be made by advertising. 
Negotiation is made permissible in certain excepted cases, 
however, to provide flexibility in Government procurement. 

(1) This paragraph would permit automatic and immedi- 
ate transition from more rigid peacetime advertising proce- 
dures to a completely flexible system if the President or the 
Congress declares the existence of a national emergency. 



Title 42 — The Public Health and Welfare 



42 IT.S.C. 204. Composition of commissioned corps ; appointment of 
commissioned officers of Regular and Reserve Corps 

There shall be in the Service a commissioned Regular Corps and, 
for the purpose of securing a reserve for dutv in the Service in time 
of national emergency, a Reserve Corps. All commissioned officers 
shall be citizens and shall be appointed without regard to the civil- 
service laws and compensated without regard to chapter 51 and sub- 

[Emphasis supplied.] 



327 



chapter III of chapter 53 of Title 5. Commissioned officers of the 
Reserve Corps shall be appointed by the President and commis- 
sioned officers of the Regular Corps shall be appointed by him by 
and with the advice and consent of the Senate. Commissioned officers 
of the Reserve Corps shall at all times be subject to call to active 
duty by the Surgeon General, including active duty for the purpose 
of training and active duty for the purpose of determining their 
fitness for appointment in the Regular Corps. (July 1, 1944, ch. 373, 
title II, § 203, 58 Stat. 683; Feb. 28, 1948, ch. 83, § 2, 62 Stat. 39; 
Oct. 28, 1949, ch. 782, title XI, § 1106 (a) , 63 Stat. 972.) 



42 U.S.C. 210-1. Annual and Sick Leave 

(a) In accordance with regulations of the President, commis- 
sioned officers of the Regular Corps and officers of the Reserve 
Corps on active duty may be granted annual leave and sick leave 
without any deductions from their pay and allowances: Provided, 
That such regulations shall not authorize annual leave to be accumu- 
lated in excess of sixty days. 

(b) Repealed. Pub. L. 87-649, § 14b, Sept. 7, 1962, 76 Stat. 499. 

(c) Except in cases of emergency, no annual leave shall be 
granted to an officer described in subsection (a) of this section 
between the date upon which such officer applies for, or the Service 
directs, his retirement, separation, or release from active duty, 
whichever date is the earlier, and the effective date of such retire- 
ment, separation or release from active duty. 

(d) For purposes of this section the term "accumulated annual 
leave" means unused accrued annual leave carried forward from one 
leave year into a succeeding leave year, and the term "accrued 
annual leave" means the annual leave accruing to an officer during 
one leave year. (July 1, 1944, ch. 373, title II, § 219, as added Aug. 
9, 1950, ch. 654, § 2, 64 Stat. 426, and amended Sept. 7, 1962, Pub. L. 
87-649, § 14b, 76 Stat. 499.) 



42 U.S.C. 211. Promotion of commissioned officers 

(a) Permanent or temporary promotions ; examination. 
Promotions of officers of the Regular Corps to any grade up to 

and including the director grade shall be either permanent promo- 
tions based on length of service, other permanent promotions to fill 
vacancies, or temporary promotions. Permanent promotions shall be 
made by the President, by and with the advice and consent of the 
Senate, and temporary promotions shall be made by the President. 
Each permanent promotion shall be to the next higher grade, and 
shall be made only after examination given in accordance with regu- 
lations of the President. 

(b) Promotion to certain grades only to fill vacancies; regula- 
tions; definition of "restricted grade". 

[Emphasis supplied.] 



328 



The President may by regulation provide that in a specified pro- 
fessional category permanent promotions to the senior grade, or to 
both the full grade and the senior grade, shall be made only if there 
are vacancies in such grade. A grade in any category with respect to 
which such regulations have been issued is referred to in this section 
as a "restricted grade." 

(c) Examinations. 

Examinations to determine qualification for permanent promotions 
may be either noncompetitive or competitive, as the Surgeon General 
shall in each case determine; except that examinations for promo- 
tions to the assistant or senior assistant grade shall in all cases be 
noncompetitive. The officers to be examined shall be selected by the 
Surgeon General from the professional category, and in the order of 
seniority in the grade, from which promotion is to be recommended. 
In the case of a competitive examination the Surgeon General shall 
determine in advance of the examination the number (which may be 
one or more) of officers who, after passing the examination, will be 
recommended to the President for promotion; but if the examina- 
tion is one for promotions based on length of service, or is one for 
promotions to fill vacancies other than vacancies in the director 
grade or in a restricted grade, such number shall not be less than 80 
per centum of the number of officers to be examined. 

(d) Permanent promotions of qualified officers on length of service. 
Officers of the Regular Corps, found pursuant to subsection (c) of 

this section to be qualified, shall be given permanent promotions 
based on length of service, as follows : 

(1) Officers in the junior assistant grade shall be promoted at 
such times as may be prescribed in regulations of the President. 

(2) Officers with permanent rank in the assistant grade, the 
senior assistant grade, and the full grade shall (except as pro- 
vided in regulations under subsection (b) of this section) be 
promoted after completion of three, ten, and seventeen years, 
respectively, of service in grades above the junior assistant 
grade; and such promotions, when made, shall be effective, for 
purposes of pay and seniority in grade, as of the dav following 
the completion of such years of service. An officer with perma- 
nent rank m the assistant, senior assistant, or full grade who 
has not completed such years of service shall be promoted at the 
same time, and his promotion shall be effective as of the same 
day as any officer junior to him in the same grade in the same 
professional category who is promoted under this paragraph. 

(e) Promotion of professional category officers to fill certain 



vacancies. 



Officers m a professional category of the Regular Corps, found 
pursuant to subsection c) of this section to bl qualified, may be 
given permanent promotions to fill any or all vacancies in such cate 
nr7>/V f m ° r * ssls ' ant g rade , the full grade, the senior grade, 
or the director grade; but no officer who has not had one year of 
shall Z n P™ Cnt or temporary rank in the next lowe? grade 
shall be promoted to any restricted grade or to the director grade 

promoUon Xamln UP ° n ° f P rom °ti™; effective date of 



329 



If an officer who has completed the years of service required for 
promotion to a grade under paragraph (2) of subsection (d) of this 
section fails to receive such promotion, he shall (unless he has 
already been twice examined for promotion to such grade) be once 
reexamined for promotion to such grade. If he is thereupon pro- 
moted (otherwise than under subsection (e) of this section), the 
effective date of such promotion shall be one year later than it 
would have been but for such failure. Upon the effective date of any 
permanent promotion of such officer to such grade, he shall be con- 
sidered as having had only the length of service required for such 
promotion which he previously failed to receive. 

(g) Separation from service upon failure of promotion. 

If, for reasons other than physical disability, an officer of the 
Regular Corps in the junior assistant grade is found pursuant to 
subsection (c) of this section not to be qualified for promotion he 
shall be separated from the Service. If, for reasons other than physi- 
cal disability, an officer of the Regular Corps in the assistant, senior 
assistant, or full grade, after having been twice examined for pro- 
motion (other than promotion to a restricted grade), fails to be pro- 
moted — 

(1) if in the assistant grade he shall be separated from the 
Service and paid six months' basic pay and allowances ; 

(2) if in the senior assistant grade he shall be separated from 
the Service and paid one year's basic pay and allowances ; 

(!)) if in the full grade he shall be considered as not in line 
for promotion and shall, at such time thereafter as the Surgeon 
General may determine, be retired from the Service with retired 
pay (unless he is entitled to a greater amount by reason of 
another provision of law) at the rate of 2y 2 per centum of the 
basic pay of the permanent grade held by him at the time of 
retirement for each year, not in excess of thirty, of his active 
commissioned service in the Service. 

(h) Separation from service upon refusal to stand examination. 

If an officer of the Regular Corps, eligible to take an examination 
for promotion, refuses to take such examination, he may be sepa- 
rated from the Service in accordance with regulations of the President. 

(i) Review of record: separation from service. 

At the end of his first three years of service, the record of each 
officer of the Regular Corps originally appointed to the senior assist- 
ant grade or above, shall be reviewed in accordance with regulations 
of the President and, if found not qualified for further service, he 
shall be separated from the Service and paid six months' pay and 
allowances. 

( j ) Determination of order of seniority. 

(1) The order of seniority of officers in a grade in the Regular 
Corps shall be determined, subject to the provisions of paragraph 
(2) of this subsection, by the relative length of time spent in active 
service after the effective date of each such officer's original appoint- 
ment or permanent promotion to that grade. When permanent pro- 
motions of two or more officers to the same grade are effective on the 
same day, their relative seniority shall be the same as it was in the 
grade from which promoted. In all other cases of original appoint- 



330 



ments or permanent promotions (or both) to the same grade effec- 
tive on the same day, relative seniority shall be determined in 
accordance with regulations of the President. 

(2) In the case of an officer originally appointed in the Regular 
Corps to the grade of assistant or above, his seniority in the grade 
to which appointed shall be determined after inclusion, as service in 
such grade, of any active service in such grade or in any higher 
grade in the Reserve Corps, but (if the appointment is to me grade 
of senior assistant or above) only to the extent of whichever of the 
following is greater: (A) His active service in such grade or any 
higher grade in the Reserve Corps after the first day on which, 
under regulations in effect on the date of his appointment to the 
Regular Corps, he had the training and experience necessary for 
such appointment, or (B) the excess of his total active service in the 
Reserve Corps (above the grade of junior assistant) over three years 
if his appointment in the Regular Corps is to the senior assistant 
grade, over ten years if the appointment is to the full grade, or over 
seventeen years if the appointment is to the senior grade. 

(k) Temporary promotions; fill vacancy in higher grade; war or 
national emergency; selection of officers; termination of appointment. 

Any commissioned officer of the Regular Corps in any grade in 
any professional category may be recommended to the President for 
temporary promotion to fill a vacancy in any higher grade in such 
category, up to and including the director grade. In time of war, or 
of national emergency proclaimed by the President, any commis- 
sioned officer of the Regular Corps in anv grade in any professional 
category may be recommended to the President for promotion to 
any higher grade in such category, up to and including the director 
grade, whether or not a vacancy exists in such grade. The selection 
of officers to be recommended for temporary promotions shall be 
made m accordance with regulations of the President. Promotion of 
an officer recommended pursuant to this subsection may be made 
without regard to length of service, without examination, and with- 
out vacating his permanent appointment, and shall carry with it the 
pay and allowances of the grade to which promoted. Such promo- 
PresldS termmated at any time > as may be directed ty the 

(1) Determination of requirements of Service by Secretary; 

°f Ee?6I T e OB S^ B to P rof <*si<mal categories ; temporary 
promotions; termination of temporary promotions 

dnh ^nl?rt^ he nm ^ T ? f 2= fficers of the on active 

duty, plus the number of officers of the Resirve Corps who have 

rSment.^f S^ry shall determine the 

requirements of the Service in each grade in each cateeorv based 
upon the total number of officers so slrving on active du^ ^andthe 
SSf P erformed °y <*• Service; and the SifrgeS General 

dutv * her „ eu P°n a^gn each officer of the Reserve Corpora l active 
duty to a professional category. If the Secretarv finds that the 

° ffiCerS U ? d ^ ^section (°) of to sSn f £ *ty 
grade and category (or the number of officers, including offiW^f 

[Emphasis supplied.] 



331 



the Reserve Corps, on active duty in such grade in such category, if 
such number is greater than the number fixed under subsection (c) 
of this section) is insufficient to meet such requirements of the Serv- 
ice, officers of either the Regular Corps or the Reserve Corps may be 
recommended for temporary promotion to such grade in such cate- 
gory. Any such promotion may be terminated at any time, as may be 
directed by the President. 

(m) Acceptance of promotion; oath and affidavit. 

Any officer of the Regular Corps, or any officer of the Reserve 
Corps on active duty, who is promoted to a higher grade shall, 
unless he expressly declines such promotion, be deemed for all pur- 
poses to have accepted such promotion ; and shall not be required to 
renew his oath of office, or to execute a new affidavit as required by 
section 21a of Title 5. (July 1, 1944, ch. 373, title II, § 210, 58 Stat. 
687; Feb. 28, 1948, ch. 83, § 6 (a), 62 Stat. 42; Oct. 12, 1949, ch. 681, 
title V, § 521 (c), 63 Stat. 835; 1953 Reorg. Plan Xo. 1, §§ 5, 8, eft'. 
Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631 ; Apr. 27, 1956, ch. 211, § 4 
(a), 70 Stat. 117; Apr. 8, 1960, Pub. L. 86-415, § 5 (c), 74 Stat. 34; 
Sept. 7, 1962, Pub. L. 87-649, § 11(2), 76 Stat. 497.) 



42 U.S.C. 211b. Promotion of commissioned officers 

(a) Temporary promotions prior to July 1, 1948. 

Except as provided in the third and fourth paragraphs of this 
section, no promotion shall be made under section 211 of this title, 
prior to July 1, 1948. Until that date officers of the Regular Corps 
may receive temporary promotions to higher grades with the pay 
and allowances thereof pursuant to section 211 (a) (1) of this title, 
in force prior to February 28, 1948, notwithstanding the termina- 
tion, prior to such date, of the war and of the national emergencies 
proclaimed by the President. Any officer holding, on June 30, 1948, 
an appointment pursuant to such section to a higher temporary 
grade shall continue in such grade until such appointment is termi- 
nated, as the President may direct. 

(b) Service credit. 

Effective as of February 28, 1948, each officer of the Regular 
Corps on such date, in addition to the credit he has under preexist- 
ing legislation for purposes of promotion, shall be credited with 
three years of service. 

(c) Promotion based on years of service; effective date; examina- 
tion; service credit. 

Officers of the Regular Corps who have, or who on or before July 
1, 1948, will have, the years of service prescribed in paragraph (2) 
of section 211 (d) of this title, for promotion to the senior assistant, 
full, or senior grade, shall be recommended to the President for such 
promotion, to be effective as of July 1, 194S, whether or not vacan- 
cies exist in such grade. Such promotions shall be made without 
examination, except that no promotions shall be made to the senior 
grade or any grade immediately below a restricted grade until the 
officer is found qualified for promotion pursuant to subsection (c) of 

[Emphasis supplied.] 



332 

section 211 of this title. No promotion Aall.be made pnad jto 
this paragraph to any grade in any P Brf ^, a ^^.T 
grade has bein made a restricted grade pursuant to subsection (b) 
of section 211 of this title. For purposes of semority an officer pro- 
moted under this paragraph shall be credited with the years of serv- 
ice in the grade to which promoted equal to the excess of his years 
of service on the date of promotion over the years of service 
required for promotion to such grade under paragraph (2) of sec- 
tion 211 (d) of this title. i. 

Officers in the junior assistant grade in the Regular Corps who 
have, or who on or before July 1, 1948, will have four or more years 
of service in the junior assistant grade, shall be recommended to the 
President for promotion to the assistant grade, to be effective as of 
July 1, 1948, without examination and whether or not vacancies 
exist in such grade. For purposes of promotion and seniority in 
grade, an officer promoted under this paragraph shall be credited 
with the years of service equal to the excess of his years of service 
on the date of promotion over four years. 

(d) Service for purpose of seniority. 

For purposes of seniority, any officer of the Regular Corps of the 
Public Health Service on February 28, 1948, shall be considered as 
having had service in the grade which he holds on such date equal 
to the excess of the service credited to him for promotion purposes 
over the length of service required under section 211 (d) (2) of this 
title, for promotion to such grade. 

(e) Term or tenure of office unaffected prior to July 1, 1948. 
Except as provided in the third and fourth paragraphs of this 

section, the provisions of this section shall not, prior to July 1, 1948, 
affect the term or tenure of office (including any office held under 
temporary promotion) of any commissioned officer of the Service in 
office upon February 28, 1948. (Feb. 28, 1948, ch. 83, § 6 (b— f), 62 
Stat. 45.) 



42 U.S.C. 217. Use of Service in time of was ok emergency 

In time of war, or of emergency proclaimed by the President, he 
may utilize the Service to such extent and in such manner as shall in 
his judgment promote the public interest. In time of war, or of 
emergency involving the national defense proclaimed by the Presi- 
dent, he may by Executive order declare the commissioned corps of 
the Service to be a military service. Upon such declaration, and 
during the period of such war or such emergency or such part 
thereof as the President shall prescribe, the commissioned corps (a) 
shall constitute a branch of the land and naval forces of the United 
States, (b) shall, to the extent prescribed by regulations of the Pres- 
ident, be subject to the Uniform Code of Military Justice, and (c) 
shall continue to operate as part of the Service except to the extent 
that the President may direct as Commander in Chief. (July 1 1944 
ch. 373, title II, § 216, 58 Stat. 690; Apr. 27, 1956, ch. 211 § 1 70 
Stat. 116.) ' 



[Emphasis supplied.] 



333 



42 U.S.C. 266. Spectai, quarantine powers in time of war 

To protect the military and naval forces and war workers of the 
United States, in tim-e of war, against any communicable disease 
specified in Executive orders as provided in subsection (b) of section 
264 of this title, the Surgeon General, on recommendation of the 
National Advisory Health Council, is authorized to provide by regu- 
lations for the apprehension and examination, in time of war, of any 
individual reasonably believed (1) to be infected with such disease 
in a communicable stage and (2) to be a probable source of infection 
to members of the armed forces of the United States or to individu- 
als engaged in the production or transportation of arms, munitions, 
ships, food, clothing, or other supplies for the armed forces. Such 
regulations may provide that if upon examination any such individ- 
ual is found to be so infected, he may be detained for such time and 
in such manner as may be reasonably necessary. (July 1, 1944, ch. 
D73, title III, 363, 58 Stat. 704.) 



43 U.S.C. 31. r >q. Withdrawal of lands for war or national defense 

PURPOSES ; PAYMENT FOR CANCELLATION OF PERMITS OR LICENSES 1 

Whenever me for war or national defense purposes of the public 
domain or other property owned by or under the control of the 
United States prevents its use for grazing, persons holding grazing 
permits or licenses and persons whose grazing permits or licenses 
have been or will be canceled because of such use shall be paid out 
of the funds appropriated or allocated for such project such 
amounts as the head of the department or agency so using the lands 
shall determine to be fair and reasonable for the losses suffered by 
such persons as a result of the use of such lands for war or national 
defense purposes. Such payments shall be deemed payment in full 
for such losses. Nothing contained in this section shall be construed 
to create anv liability not now existing against the United States. 
(July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, 8 1, 62 
Stat. 277.) 

1 43 U.S.C. 315q. This should have been located under Title 43 starting on page 348. 



42 U.S.C. 1313. Assistance for United States citizens returned 

FROM FOREIGN COUNTRIES 

(a) Authorization; reimbursement; utilization of facilities of 
public or private agencies and organizations. 

(1) The Secretary is authorized to provide temporary assistance 
to citizens of the United States and to dependents of citizens of the 
United States, if they (A) are identified by the Department of State 
as having returned, or been brought, from a foreign country to the 
United States because of the destitution of the citizen of the United 
States or the illness of such citizen or any of his dependents or 
because of war, threat of war, invasion, or similar crisis, and (B) 
are without available resources. 

[Emphasis supplied.] 



334 

(2) Except in such cases or classes of cases as are set forth in reg- 
ulations of the Secretary, provision shall be made for reimbursement 
to the United States by the recipients of the temporary assistance to 
cover the cost thereof. 

(3) The Secretary may provide assistance under paragraph (1) 
directly or through utilization of the services and facilities of 
appropriate public or private agencies and organizations, in accord- 
ance with agreements providing for payment, in advance or by way 
of reimbursement, as may be determined by the Secretary, of the 
cost thereof. Such cost shall be determined by such statistical, sam- 
pling, or other method as may be provided in the agreement. 

(b) Plans and arrangements for assistance; consultations. 

The Secretary is authorized to develop plans and make arrange- 
ments for provision of temporary assistance within the United 
States to individuals specified in subsection (a)(1) of this section. 
Such plans shall be developed and such arrangements shall be mode 
after consultation with the Secretary of State, the Attorney General, 
and the Secretary of Defense. To the extent feasible, assistance pro- 
vided under subsection (a) of this section shall be provided in 
accordance with the plans developed pursuant to this subsection, as 
modified from time to time by the Secretary. 

(c) Definition of temporary assistance. 

For purposes of this section, the term "temporary assistance*' 
means money payments, medical care, temporary billeting, transpor- 
tation, and other goods and services necessary for the health or wel- 
fare of individuals (including guidance, counseling, and other wel- 
fare services) furnished to them within the United States upon their 
arrival in the United States and for such period after their arrival 
as may be provided in regulations of the Secretary. 

(d) Termination date. 

t No ™ mpo I ar y assistal > ce may be provided under this section after 
June 30, 1971. (Aug. 14, 1935, ch. 531. title XI, § 1113, as added 
June 30 1961, Pub. L. 87-64. title III, § 302, 75 Stat'. 142 and 
amended July 25, 1962, Pub. L. 87-543, title I 133, 76 Stat 196 ■ 

90-36, § 2, 81 Stat. 94; Jan. 2, 1968, Pub. L. 90-248 title V « 503 
81 Stat. 934; July 9, 1969, Pub. L. 91-41, § 4, 83 Stat 45.) ' 



42 U.S.C. 1477. Preferences for veterans and families of deceased 

SERVICEMEN 

ur^m" e, i iBil - ,le a ?P^ an ^, 80ekin K ^stance under sections 
1471 to 14 4, inclusive of this title, the Secretary shall give prefer- 
ence to veterans and the families of deceased servicemen As used 
herein, a "veteran" shall mean a person who served in the military 
forces of the United States during any war between the Untied 

llTaTf "7 °' her ° r durin V the Veriod beginning Jun^ 37, 

J9o0 a.ndendmg on such date as shall be determined by Presidential 
proclamatwn or ■co^urrent resolution of Congress and who w^s d is 
charged or released therefrom on conditions other than dishonor- 
[Emphasis supplied.] 



335 



ble. "Deceased servicemen" shall mean persons who served in the 
military forces of the United States during any war between the 
United States and any other nation or during the period beginning 
June 27, 1950, and ending on such date as shall be determined by 
Presidential proclamation or concurrent resolution of Congress and 
who died in service before the termination of such war or such 
period. (July 15, 1949, ch. 338, title V, § 507, 63 Stat. 435 ; June 30, 
1953, ch. 174, § 3, 67 Stat. 132; June 30, 1961, Pub. L. 87-70, title 
VIII, § 804(b) (2), 75 Stat. 188.) 



42 U.S.C. 1541. Termination of subchapters ii — vn; saving clause 

When the President shall have declared that the emergency 
declared by him on September 8, 1939, has ceased to exist (a) the 
authority contained in sections 1521, 1532, 1561, and 1562 of this 
title shall terminate except with respect to contracts on projects pre- 
viously entered into or undertaken and court proceedings then pend- 
ing, and (b) property acquired or constructed under subchapters II 
— VII of this chapter (including schools and hospitals) shall be dis- 
posed of as promptly as may be advantageous under the 
circumstances and in the public interest. (Oct. 14, 1940, ch. 8C2, title 
III, § 301, formerly § 4, 54 Stat. 1127, renumbered and amended 
June 28, 1941, ch. 260, § 4 (a), 55 Stat. 363; Apr. 10, 1942, ch. 239, § 
1, 56 Stat. 212.) 



42 U.S.C. 1592. Authority of Administrator 

Subject to the provisions and limitations of sections 1591 to 1591c 
of this title, and this subchapter, the Housing and Home Finance 
Administrator (hereinafter referred to as the "Administrator") is 
authorized to provide housing in any areas (subject to the provisions 
of section 1591 of this title) needed for defense workers or military 
personnel or to extend assistance for the provision of, or to provide, 
community facilities or services required in connection with national 
defense activites in any area which the President, pursuant to the 
authority contained in said section, has determined to be a critical 
defense housing area. (Sept. 1, 1951, ch. 378, title III, § 301, 65 Stat. 
303.) 

—NOTE— 

Excerpt from House Eept. 795, 82d Cong., 1st Sess. (1951) 

Since the proposed new title IX is contemplated at this 
time as limited legislation to be utilized only in areas where 
Presidential determinations of defense impact have been 
made and since there is no sure way of estimating the 
extent to which that title may have to be employed, the bill 
(in sec. 607) makes provision for a maximum increase in 
authorization for all insured mortgage programs of 1.5 bil- 
lion. Authority to release the 1.5 billion of authorization is 

[Emphasis supplied.] 



336 



vested in the President who would have authority under the 
bill to release such amounts at such times as in his judg- 
ment are necessary for the continuation of any of the 
insured mortgage programs of the FHA (except for title 
VI), including title VIII which provides mortgage insur- 
ance for rental housing for military personnel at military 
posts and bases and, as proposed to be amended, for person- 
nel at atomic energy installations. Thus, if it proves unnec- 
essary to use title IX to any considerable extent, new 
FHA-insured housing could be provided under section 8 of 
title I and the several programs imder title II upon release 
of authorization for that purpose by the President. If, on 
the other hand, an acceleration in defense impact makes 
necessary any substantial use of title IX, the available 
authorization could be released by the President for this 
purpose. Your committee believes that this presents a much 
more flexible arrangement for handling the necessary 
authorization for FHA programs than would be the case if 
Congress were to try to provide specific authorizations large 
enough to meet all possible contingencies in each of such 
programs separately. It is unnecessary to provide an 
amount equal to the total which otherwise would be 
required for each of the several FHA titles since the use of 
the new title IX program will reduce insurance activity 
under other titles of the National Housing Act. 

Subject to the provisions of title I, the Administrator of 
the Housing and Home Finance Agency would be author- 
ized to take necessary action to acquire land, to have plans 
drawn, to let contracts, and to take other steps required for 
the provision of such housing. Specific authority would be 
given (as is customary in defense legislation of this type) 
to permit the exercise of such powers without compliance 
with certain Federal laws requiring, among other thhios, 
approval of land titles by the Attorney General before the 
expenditure of Federal funds, placing conditions on pay- 
ments for rentals and alterations of rented property, and 
prescribing methods of contracting and procurement. In 
addition, the President would not be required to observe 
federal laws, rules, or regulations concerning plans and 
specifications forms of contract, the approval thereof, or the 
submission of estimates therefor. These exemption^ would 
make possible expeditious action in emergency situations 



42 U.S.C. 1711. Definitions 
AVhen used is this chapter — 

tv! 6 !* rm " Secret Fy" means the Secretary of Labor, 
(b) I he term "war-risk hazard" means any hazard arising durina 
a war in which the United States is engaged; during^ arZ7d 
[Emphasis supplied.] 



337 



conflict in which the United States is engaged, whether or not war 
has been declared; or during a war or armed conflict between mili- 
tary forces of any origin, occurring within any country in which a 
person covered by this chapter is serving; from — 

(1) the discharge of any missile (including liquids and gas) 
or the use of any weapon, explosive, or other noxious thing by a 
hostile force or person or in combating an attack or an imag- 
ined attack by a hostile force or person ; or 

(2) action of a hostile force or person, including rebellion or 
insurrection against the United States or any of its Allies; or 

(3) the discharge or explosion of munitions intended for use 
in connection with a war or armed conflict with a hostile force 
or person as defined herein (except with respect to employees of 
a manufacturer, processor, or transporter of munitions during 
the manufacture, processing, or transporting thereof, or while 
stored on the premises of the manufacturer, processor, or trans- 
porter) ; or 

(4) the collision of vessels in convoy or the operation of ves- 
sels or aircraft without running lights or without other custom- 
ary peacetime aids to navigation ; or 

(5) the operation of vessels or aircraft in a zone of hostilities 
or engaged in war activities. 

(c) The term "hostile force or person" means any nation, any 
subject of a foreign nation, or any other person serving a foreign 
nation (1) engaged in a war against the United States or any of its 
allies, (2) engaged in armed conflict, whether or not war has been 
declared, against the United States or any of its allies, or (3) engaged 
in a war or armed conflict between military forces of any origin in 
any country in which a person covered by this chapter is serving. 

(A) The term "allies" means any nation with which the United 
States is engaged in a common military effort or with which the 
United States has entered into a common defensive military alliance. 

(e) The term "war activities" includes activities directly relating 
to military operations. 

(f ) the term "continental United States" means the States and the 
District of Columbia. (Dec. 2, 1942, ch. 688, title II, § 201, 50 Stat. 
1033; 1946 Reorg. Plan No. 2, § 3, eff. July 16, 1946, 11 F.R. 7873, 
60 Stat. 1095; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F. 
R. 3178, 64 Stat. 1271; June 30, 1953, eh. 176 § 1, 67 Stat. 134; June 
30, 1954, ch. 431, § 1, 68 Stat. 336 ; June 30, 1955, ch. 257, § 1, 69 
Stat. 241; July 9, 1956, ch. 537, § 1, 70 Stat. 519; June 29" 1957, 
Pub. L. 85-70, 71 Stat. 242; Aug. 8, 1958, Pub. L. 85-608, title I, 
§§ 103, 104, 72 Stat. 537; June 25, 1959, Pub. L. 86-70, § 42(c), 73 
Stat. 151.) 

-NOTE- 
Excerpt from Senate Rept. 1448, 77th Cong., 2d Sess. (1942) 
general principles of the bill 

No one knows today the size of character of the problem 
which the civilians of this country may face in the future. 

[Emphasis supplied.] 



338 



It is hoped that the civilian population may be spared the 
horrors of war, but many American civilians in outlying 
areas have already been affected by enemy action and the 
committee recognizes that no one can say when other areas 
may be affected or in what ways or with what results. 

As a result of the war civilian distress may arise through 
death, personal injury or damage to real or personal prop- 
erty. Not only direct enemy action but action taken in 
defense or in anticipation of enemy attack may cause var- 
ious types of damage to civilians. Evacuation of certain 
areas may become necessary with accompanying disorders 
of civilian life and possible damage. The dependents of 
civilians taken prisoner by the enemy may be left in need as 
a result of such action. Enemy attacks can cause civilian 
injuries which even if not totally disabling to the individ- 
ual would require prompt and frequent medical attention. 

The committee is convinced that the tremendous demands 
which enemy attack may make on normal community facili- 
ties for medical and welfare services require careful plan- 
ning on the part of the Federal, State, and local public 
agencies and private agencies responsible for this work. 
After careful study the committee is of the firm conviction 
that there must be a flexible system of civilian protection 
which will deal with a variety of contingencies and large- 
scale emergencies which may arise as a result of enemy 
attack. If any enemy attack should occur we must be pre- 
pared to deal with the situation. 

The bill provides for a great deal of flexibility which is 
based upon the experience of Great Britain. Title I and 
title II of the bill have been drawn in a broad and compre- 
hensive way so that the President and the Federal Security 
Administrator may adjust the program in terms of the 
scope and character of future events. The committee was 
impressed with the recommendation made by the Federal 
Security Administrator "that the legislation" and adminis- 
tration be kept adjustable to the needs of individuals so as 
not only to protect the individual but to male certain that 
the Government in a time of crisis can act quickly and 
effectively and with due regard to all factors involved." 

The committee held hearings and heard testimony from 
representatives of the War and Xavv Departments, the 
United States Employees' Compensation Commission, the 
f ederal .Security Agency, and the Bureau of the Budget, all 
of whom favored the enactment of the bill. 

In addition, the committee heard testimony from repre- 
sentatives of the stock insurance companies, the mutual 
casualty insurance companies, and the New York State 
Workmen's Compensation Fund. The purpose and objective 
ot the bill was endorsed by these representatives who also 
ottered their facilities to assist in the administration of the 
programs. 

[Emphasis supplied.] 



339 



The committee has received a recent resolution adopted 
by the legislature of the State of New York relating to the 
bill. The resolution of the New. York State Legislature 
"urges the Congress of the United States to foster and sup- 
port legislation providing benefits to civilians who may be 
injured or the dependents of civilians who may be killed by 
reason of enemy action, which benefits shall be a charge 
upon the whole people of the United States, equitably and 
proportionately distributed." 



42 U.S.C. 1712. Disqualification from benefits 

No person convicted in a court of competent jurisdiction of any 
subversive act against the United States or any of its Allies, com- 
mitted after the declaration by the President on May 27, 19Jfl, of 
the national emergency, shall be entitled to compensation or other 
benefits under subchapter I of this chapter, nor shall any compesna- 
tion be payable with respect to his death or detention under said 
subchapter, and upon indictment or the filing of an information 
charging the commission of any such subversive act, all such com- 
pensation or other benefits shall be suspended and remain suspended 
until acquittal or withdrawal of sach charge, but upon conviction 
thereof or upon death occurring prior to a final disposition thereof, 
all such payments and all benefits under said subchapter shall be 
forfeited and terminated. If the charge is withdrawn, or there i9 an 
acquittal, all such compensation withheld shall be paid to the person 
or persons entitled thereto. (Dec. 2, 1942, ch. 668, title II, § 202, 56 
Stat. 1034.) 

[See, 42 U.S.C. 1711 (Senate Eept. 1448). Supra.'] 



42 U.S.C. 2138. Suspension of licenses during war or national 

EMERGENCY 

Whenever the Congress declares that a state of war or national 
emergency exists, the Commission is authorized to suspend any li- 
censes granted under this chapter if in its judgment such action is nec- 
essary to the common defense and security. The Commission is 
authorized during such period, if the Commission finds it necessary 
to the common defense and security, to order the recapture of any 
special nuclear material or to order the operation of any facility 
licensed under section 2133 or 2134 of this title, and is authorized to 
order the entry into any plant or facility in order to recapture such 
material, or to operate such facility. Just compensation shall be paid 
for any damages caused by the recapture of any special nuclear 
material or by the operation of any such facility. (Aug. 1, 1946, ch. 
724. § 108, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939, and 
amended Sept. 23, 1959, Pub L. 86-373, § 2, 73 Stat. 691.) 

[£mphasis supplied.] 



340 



42 U.S.C. 2165. Security restrictions 

(a) On contractors and licensees. 

No arrangement shall be made under section 20ol of this title no 
contract shall be made or continued in effect under section 2001 of 
this title, and no license shall be issued under section 2133 or 2134 of 
this title, unless the person with whom such arrangement is made, 
the contractor or prospective contractor, or the prospective licensee 
agrees in writing not to permit any individual to have access to 
Restricted Data until the Civil Service Commission shall have made 
an investigation and report to the Commission on the character, 
associations, and loyalty of such individual, Mid the Commission 
shall have determined that permitting such person to have access to 
Restricted Data will not endanger the common defense and security. 

(b) Employment of personnel ; access to Restricted Data. 

Except as authorized by the Commission or the General Man- 
ager upon a determination by the Commission or General Manager 
that such action is clearly consistent with the national interest, no 
individual shall be employed by the Commission nor shall the Com- 
mission permit any individual to have access to Restricted Data 
until the Civil Service Commission shall have made an investigation 
and report to the Commission on the character, associations, and loy- 
alty of such individual, and the Commission shall have determined 
that permitting such person to have access to Restricted Data will 
not endanger the common defense and security. 

(c) Acceptance of investigation and clearance granted by other 
Government agencies. 

In lieu of the investigation and report to be made by the Civil 
Service Commission pursuant to subsection (b) of this section, the 
Commission may accept an investigation and report on the charac- 
ter, associations, and loyalty of an individual made by another Gov- 
ernment agency which conducts personnel security investigations, 
provided that a security clearance has been granted to such individ- 
ual by another Government agency based on such investigation and 
report. 

(d) Investigations by FBI. 

In the event an investigation made pursuant to subsections (a) 
and (b) of this section develops any data reflecting that the individ- 
ual who is the subject of the investigation is of questionable loyalty, 
the Civil Service Commission shall refer the matter to the Federal 
Bureau of Investigation for the conduct of a full field investigation, 
the results of which shall be furnished to the Civil Service Commis- 
sion for its information and appropriate action. 

(e) Presidential investigation. 

If the President deems it to be in the national interest he may 
from time to time determine that investigations of any group or 
class which are required by subsections (a), (b), and (c)"of this sec- 
tion be made by the Federal Bureau of Investigation. 

(f ) Certification of specific positions for investigation by FBI. 
Notwithstanding the provisions of subsections (a), (b), and (c) of 

tliis section, a majority of the members of the Commission shall cer- 
tify those specific positions which are of a high degree of impor- 



341 



tance or sensitivity, and upon such certification, the investigation 
and reports required by such provisions shall be made by the Fed- 
eral Bureau of Investigation. 

(g) Investigation standards. 

The Commission shall establish standards and specifications in 
writing as to the scope and extent of investigations, the reports of 
which will be utilized by the Commission in making the determina- 
tion, pursuant to subsections (a), (b), and (c) of this section, that 
permitting a person access to restricted data will not endanger the 
common defense and security. Such standards and specifications 
shall be based on the location and class or kind of work to be done, 
and shall, among other considerations, take into account the degree 
of importance to the common defense and security of the restricted 
data to which access will be permitted. 

( h ) War time clearance. 

Whenever the Congress declares that a state of war exists* or in 
the event of a national disaster due to enemy attach* the Commission 
is authorized during the state of war or period of national disaster 
due to enemy attack to employ individuals and to permit individuals 
access to Restricted Data pending the investigation report, and 
determination required by subsection (b) of this section, to the 
extent that and so long as the Commission finds that such action is 
required to prevent impairment of its activities in furtherance of the 
common defense and security. (Aug. 1, 1946, ch. 724, § 145, as added 
Aug. 30, 1954, ch. 1073, § 1. 68 Stat. 942, and amended Aug. 19, 
1958, Pub. L. 85-681, § 5, 72 Stat. 633: Sept. 6, 1961, Pub. L. 
87-206, § 6, 75 Stat. 476; Aug. 29, 1962, Pub. L. 87-615, § 10, 76 
Stat. 411.) 

— N O T E — 

Excerpt from House Sept. 2272, 85th Cong., 1st Sess. (1957) 

Section 5 of the bill amends section 145 of the Atomic 
Energy Act by adding a new subsection g concerning secu- 
rity clearances for access to restricted data prior to comple- 
tion of investigation during a state of war delcared by Con- 
gress* or in the event of a national disaster due to enemy 
attack. It is the intent of the Joint Committee that the 
Commission shall interpret new subsection 145g strictly and 
not authorize such emergency clearances except under the 
conditions provided by the bill, namely, » state of war 
declared by Congress, or a national disaster due to enemy 
attack. It is further understood that such access to 
restricted data will be granted only pending the investiga- 
tion report and determination required by section 145b to 
the extent that and so long as the Commission finds that 
such action is required to prevent the impairment of its 
activities in furtherance of the common defense and 
security. 

[Emphasis supplied.] 



342 



42 U.S.C. 2201. General duties of Commission. [AEC] 

In the performance of its functions the Commission is authorized 
to— 

(a) Establishment of advisory boards. Establish advisory boards 
to advise with and make recommendations to the Commission on leg- 
islation, policies, administration, research, and other matters, pro- 
vided that the Commission issues regulations setting forth the scope, 
procedure, and limitations of the authority of each such board. 

(b) Standards governing use and possession of material. Establish 
by rule, regulation, or order, such standards and instructions to 
govern the possession and use of special nuclear material, source 
material, and byproduct material as the Commission may deem nec- 
essary or desirable to promote the common defense and security or 
to protect health or to minimize danger to life or property. 

(c) Studies and investigations. Make such studies and investiga- 
tions, obtain such information, and hold such meetings or hearings 
as the Commission may deem necessary or proper to assist it in exer- 
cising any authority provided in this chapter, or in the administra- 
tion or enforcement of this chapter, or any regulations or orders 
issued thereunder. For such purposes the Commission is authorized 
to administer oaths and affirmations, and by subpena to require any 
person to appear and testify, or to appear and produce documents, 
or both, at any designated place. Witnesses subpenaed imder this 
subsection shall be paid the same fees and mileage as are paid wit- 
nesses in the district courts of the United States. 

(d) Employment of personnel. Appoint and fix the compensation 
of such officers and employees as may be necessary to carry out the 
functions of the Commission. Such "officers and employees shall be 
appointed in accordance with the civil-service laws and their com- 
pensation fixed in accordance with chapter 51 and subchapter III of 
chapter 53 of Title 5, except that, to the extent the Commission 
deems such action necessary to the discharge of its responsibilities, 
personnel may be employed and their compensation fixed without 
regard to such laws : Provided, however. That no officer or employee 
(except such officers and employees whose compensation is fixed by 
law, and scientific and technical personnel up to a limit of the high- 
est rate of grade 18 of the General Schedule whose position would 
be subject to chapter 51 and subchapter III of chapter 53 of Title 5, 
if such provisions were applicable, to such position, shall be paid a 
salary at a rate in excess of the rate payable under such provisions 
for positions of equivalent difficulty or responsibility. Such rates of 
compensation may be adopted by the Commission as' may be author- 
ized by chapter 51 and subchapter III of chapter 53 of Title 5, as of 
the same date such rates are authorized for positions subject to such 
provisions. The Commission shall make adequate provisions for 
administrative review of any determination to dismiss any employee. 

(e) Acquisition of material, property, etc.; negotiation of com- 
mercial leases. Acquire such material, property, equipment, and 
facilities, establish or construct such buildings and facilities, and 
modify such buildings and facilities from time to time, as it may 
deem necessary, and construct, acquire, provide, or arrange for such 



343 



facilities and services (at project sites where such facilities and serv- 
ices are not available) for the housing, health, safety, welfare, and 
recreation of personnel employed by the Commission as it may deem 
necessary, subject to the provisions of section 2224 of this title : Pro- 
vided, however, That in the communities owned by the Commission, 
the Commission is authorized to grant privileges, leases and permits 
upon adjusted terms which (at the time of the initial grant of any 
privilege grant, lease, or permit, or renewal thereof, or in order to 
avoid inequities or undue hardship prior to the sale by the United 
States of property affected by such grant) are fair and reasonable to 
responsible persons to operate commercial businesses without adver- 
tising and without advertising 1 and without securing competitive 
bids, but taking into consideration, in addition to the price, and 
among other things (1) the quality and type of services required by 
the residents of the community, (2) the experience of each conces- 
sion applicant in the community and its surrounding area, (3) the 
ability of the concession applicant to meet the needs of the commu- 
nity, and (4) the contribution the concession applicant has made or 
will make to the other activities and general welfare of the commu- 
nity. 

(f) Utilization of other Federal agencies. With the consent of the 
agency concerned, utilize, or employ the services or personnel of any 
Government agency or any State or local government, or voluntary 
or uncompensated personnel, to perform such functions on its behalf 
as may appear desirable. 

(g) Acquisition of real and personal property. Acquire, purchase, 
lease, and hold real and personal property, including patents, as 
agent of and on behalf of the United States, subject to the provi- 
sions of section 2224 of this title, and to sell, lease, grant, and dis- 
pose of such real and personal property as provided in this chapter. 

(h) Consideration of license applications. Consider in a single 
application one or more of the activities for which a license is 
required by this chapter, combine in a single license one or more of 
such activities, and permit the applicant or licensee to incorporate by 
reference pertinent information already filed with the Commission. 

(i) Regulations governing Restricted Data. Prescribed such regu- 
lations or orders as it may deem necessary (1) to protect Restricted 
Data received by any person in connection with any activity author- 
ized pursuant to this chapter, (2) to guard against the loss or diver- 
sion of any special nuclear material acquired by any person pursuant 
to section 2073 of this title or produced by any person in connection 
with any activity authorized pursuant to this chapter, and to pre- 
vent any use or disposition thereof which the Commission may 
determine to be inimical to the common defense and security, and 
(3) to govern any activity authorized pursuant to this chapter, 
including standards and restrictions governing the design, location, 
and operation of facilities used in the conduct of such activity, in 
order to protect health and to minimize danger to life or property. 

(j ) Disposition of surplus materials. Without regard to the provi- 
sions of the Federal Property and Administrative Services Act of 



1 So in original. 



344 



1949, as amended, except section 488 of Title 40, or any other law, 
make such disposition as it may deem desirable of (1) radioactive 
materials, and (2) any other property, the special disposition of 
which is, in the opinion of the Commission, m the interest of the 
national security : Provided, however, That the property furnished 
to licensees in accordance with the provisions of subsection (m) of 
this section shall not be deemed to be property disposed of by the 
Commission pursuant to this subsect ion. 

(k) Carrying of firearms. Authorize such of its members, officers, 
and employees as it deems necessary in the interest of the common 
defense anil security to carry firearms while in the discharge of their 
official duties. The Commission may also authorize such of those 
employees of its contractors engaged in the protection of property 
owned by the United States and located at facilities owned by or 
contracted to the United States as its- deems necessary in the inter- 
ests of the common defense and security to cany firearms while in 
the discharge of their official duties. 

(1) Repealed. Pub. L. 87-456, title III, § 303(c), May 24, 1962, 
76 Stat. 78. 

(m) Agreements regarding production. Enter into agreements 
with persons licensed under section 2133. 2134, 2073(a) (4), or 
2093(a) (4) of this title for such periods of time as the Commission 
may deem necessary or desirable (1) to provide for the processing, 
fabricating, separating, or refining in facilities owned by the Com- 
mission of source, byproduct, or other material or special nuclear 
material owned by or made available to such licensees and which is 
utilized or produced in the conduct of the licensed activity, and (2) 
to sell, lease, or otherwise make available to such licensees such 
quantities of source or byproducts material, and other material not 
defined as special nuclear material pursuant to this chapter, as may 
be necessary for the conduct of the licensed activity : Provided, how- 
ever, That any such agreement may be canceled by the licensee at 
any time upon payment of such reasonable cancellation charges as 
may be agreed upon by the licensee and the Commission: And pro- 
vided further, That the Commission shall establish prices to be paid 
by licensees for material or services to be furnished by the Commis- 
sion pursuant to this subsection, which prices shall be established on 
such a nondiscriminatory basis as. in the opinion of the Commission, 
will provide reasonable compensation to the Government for such 
material or services and will not discourage the development of 
sources of supply independent of the Commission. 

(n) Delegation of functions. Delegate to the General Manager or 
other officers of the Commission any of those functions assigned to it 
under this chapter except those specified in sections 2071, 2077(b), 
2091, 213S, 2153, 2165(b) of this title (with respect to the determina- 
tion of those persons to whom the Commission may reveal Restricted 
Data in the national interest), 2165(f) of this title and subsection 
(a) of this section. 

(o) Reports. Required by rule, regulation, or order, such reports, 
and the keeping of such records with respect to, and to provide for 
such inspections of, activities and studies of types specified in sec- 
tion 2051 of this title and of activites under licenses issued pursuant 



345 



to sections 2073, 2093, 2111, 2133, and 2134 of this title, as may be 
necessary to effectuate the purposes of this chapter, including section 
2135 of this title. 

(p) Rules and regulations. Make, promulgate, issue, rescind, and 
amend such rules and regulations as may be necessary to carry out 
the purposes of this chapter. 

(q) Easements for rights-of-way. The Commission is authorized 
and empowered, under such terms and conditions as are deemed 
advisable by it, to grant easements for rights-of-way over, across, in, 
and upon acquired lands under its jurisdiction and control, and 
public lands permanently withdrawn or reserved for the use of the 
Commission, to any State, political subdivision thereof, or munici- 
pality, or to any individual, partnership, or corporation of any 
State, Territory, or possession of the. United States, for (a) railroad 
tracks; (b) oil pipe lines; (c) substations for electric power trans- 
mission lines, telephone lines, and telegraph lines, and pumping sta- 
tions for gas, water, sewer, and oil pipe lines; (d) canals; (e) 
ditches; (f) flumes; (g) tunnels; (h) dams and reservoirs in connec- 
tion with fish and wildlife programs, fish hatcheries, and other fish- 
cultural improvements; (i) roads and streets; and (]) for any other 
purpose or purposes deemed advisable by the Commission: Pro- 
vided, That such rights-of-way shall be granted only upon a finding 
by the Commission that the same will not be incompatible with the 
public interest : Provided further, That such rights-of-way shall not 
include any more land than is reasonably necessary for the purpose 
for which granted: And provided further, That all or any part of 
such rights-of-way may be annulled and forfeited by the Commis- 
sion for failure to comply with the terms and conditions of any 
grant hereunder or for nonuse for a period of two consecutive years 
or abandonment of rights granted under authority hereof. Copies of 
all instruments granting easements over public lands pursuant to 
this section shall be furnished to the Secretary of the Interior. 

(r) Sale of utilities and related services. Under such regulations 
and for such periods and at such prices the Commission may pre- 
scribe, the Commission may sell or contract to sell to purchasers 
within Commission-owned communities or in the immediate vicinity 
of the Commission community, as the case may be, any of the fol- 
lowing utilities and related services, if it is determined that they are 
not available from another local source and that the sale is in the 
interest of the national defense or in the public interest : 

( 1 ) Electric power. 

(2) Steam. 

(3) Compressed air. 

(4) Water. 

(5) Sewage and garbage disposal. 

(6) Natural, manufactured, or mixed gas. 

(7) Ice. 

(8) Mechanical refrigeration. 

(9) Telephone service. 

Proceeds of sales under this subsection shall be credited to the 
appropriation currently available for the supply of that utility or 
service. To meet local needs the Commission may make minor expan- 



346 



sions and extensions of any distributing system or facility within or 
in the immediate vicinity of a Commission-owned community 
through which a utility or service is furnished under this subsection. 

(s) Succession of authority. Establish a plan for a succession of 
authority which will assure the continuity of direction of the Com- 
mission's operations in the event of a national disaster due to enemy 
activity. Notwithstanding any other provision of this chapter, the 
person or persons succeeding to command in the event of disaster in 
accordance with the plan established pursuant to this subsection 
shall be vested with all of the authority of the Commission: Pro- 
vided, That any such succession to authority, and vesting of author- 
ity shall be effective only in the event and as long as a quorum of 
three or more members of the Commission is unable to convene and 
exercise direction during the disaster period: Provided further, 
That the disaster period includes the period when attack on the 
United States is imminent and the post-attack period necessary to 
reestablish normal lines of command. 

(t) Contracts. Enter into contracts for the processing, fabricating, 
separating, or refining in facilities owned by the Commission of 
source, byproduct or other material, or special nuclear material, in 
accordance with and within the period of an agreement for coopera- 
tion while comparable services are available to persons licensed 
under section 2133 or 2134 of this title: Provided, That the prices 
for services under such contracts shall be no less than the prices cur- 
rently charged by the Commission pursuant to subsection (m) of 
this section. 

(u) Additional contracts; guiding principles; appropriations. 

(1) enter into contracts for such periods of time as the Com- 
mission may deem necessary or desirable, but not to exceed five 
years from the date of execution of the contract, for the pur- 
chase or acquisition of reactor services or services related to or 
required by the operation of reactors ; 

(2) (A) enter into contracts for such periods of time as the 
Commission may deem necessary or desirable for the purchase 
or acquisition of any supplies, equipment, materials, or services 
required by the Commission whenever the Commission deter- 
mines that: (i) it is advantageous to the Government to make 
such purchase or acquisition from commercial sources; (ii) the 
furnishing of such supplies, equipment, materials, or services 
will require the construction or acquisition of special facilities 
by the vendors or suppliers thereof: (iii) the amortization 
chargeable to the Commission constitutes an appreciable por- 
tion of the cost of contract performance, excluding cost of mate- 
rials; and (iv) the contract for such period is more advanta- 
geous to the Government than a similar contract not executed 
under the authority of this subsection. Such contracts shall be 
entered into for periods not to exceed five years each from the 
date of initial delivery of such supplies, equipment, materials 
or services or ten years from the date of execution of the con- 
tracts excluding periods of renewal imder option. 

(B) In entering into such contracts the Commission shall 
be guided by the following principles: (i) the percentage of 



347 



the total cost of special facilities devoted to contract per- 
formance and chargeable to the Commission should not 
exceed the ratio between the period of contract deliveries 
and the anticipated useful life of such special facilities; (ii) 
the desirability of obtaining options to renew the contract 
for reasonable periods at prices not to include charges for 
special facilities already amortized; and (iii) the desirabil- 
ity of reserving in the Commission the right to take title to 
the special facilities under appropriate circumstances; and 
(3) include in contracts made under this subsection provisions 
which limit the obligation of funds to estimated annual deliver- 
ies and services and the unamortized balance of such amounts 
due for special facilities as the parties shall agree is chargeable 
to the performance of the contract. Any appropriation available 
at the time of termination or thereafter made available to the 
Commission for operating expenses shall be available for pay- 
ment of such costs which may arise from termination as the 
contract may provide. The term "special facilities" as used in 
this subsection means any land and any depreciable buildings, 
structures, utilities, machinery, equipment, and fixtures neces- 
sary for the production or furnishing of such supplies, equip- 
ment, materials, or services and not available to the vendors or 
suppliers for the performance of the contract, 
(v) Contracts for production or enrichment of special nuclear 
material; domestic licensees; other nations; prices; materials of for- 
eign origin; criteria for availability of services under this subsec- 
tion ; Congressional review. 

(A) enter into contracts with persons licensed under sections 2073, 
2093, 2133 or 2134 of this title for such periods of time as the Com- 
mission may deem necessary or desirable to provide, after December 
31, 1968, for the producing or enriching of special nuclear material 
in facilities owned by the Commission ; and 

(B) enter into contracts to provide, after December 31, 1968, for 
the producing or enriching of special nuclear material in facilities 
owned by the Commission in accordance with and within the period 
of an agreement for cooperation arranged pursuant to section 2153 
of this title while comparable services are made available pursuant 
to paragraph (A) of this subsection : 

Provided, That (i) prices for services under paragraph (A) of this 
subsection shall be established on a nondiscriminatory basis; (ii) 
prices for services under paragraph (B) of this subsection shall be 
no less than prices under paragraph (A) of this subsection; and 
(iii) any prices established under this subsection shall be on a basis 
of recovery of the Government's costs over a reasonable period of 
time: And provided further, That the Commission, to the extent 
necessary to assure the maintenance of a viable domestic uranium 
industry, shall not offer such services for source or special nuclear 
materials of foreign origin intended for use in a utilization facility 
within or under the jurisdiction of the United States. The Commis- 
sion shall establish criteria in writing setting forth the terms and 
conditions under which services provided under this subsection shall 
be made available including the extent to which such services will be 



348 



made available for source or special nuclear material of foreign 
origin intended for use in a utilization facility within or under the 
jurisdiction of the United States: Provided, That before the Com- 
mission establishes such criteria, the proposed criteria shall be sub- 
mitted to the Joint Committee, and a period of forty-five days shall 
elapse while Congress is in session (in computing the forty-five days 
there shall be excluded the days in which either House is not in ses- 
sion because of adjournment for more than three days) unless the 
Joint Committee by resolution in writing waives the conditions of, 
or all or any portion of, such forty-five-day period. (Aug. 1, 1946, 
ch. 724, § 161, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 948, 
and amended July 14, 1956, ch. 608, 70 Stat. 553; Aug. 6, 1956, ch. 
1015, § 4, 70 Stat. 1069; Aug. 21, 1957, Pub. L. 85-162, title II, 
§§ 201, 204, 71 Stat. 410; Sept. 4, 1957, Pub. L. 85-287, § 4, 71 Stat. 
613; July 7, 1958, Pub. L. 85-507, § 21(b)(1), 72 Stat. 337; Aug. 
19, 1958, Pub. L. 85-681, §§ 6, 7, 72 Stat. 633; Sept. 21, 1959, Pub. 
L. 86-300, § 1, 73 Stat. 574; Sept. 6, 1961, Pub. L. 87-206, § 13, 75 
Stat. 478; May 24, 1962, Pub. L. 87-456, title III, § 303(c), 77 Stat. 
78; Aug. 29, 1962, Pub. L. 87-615, § 12, 76 Stat. 411; Oct. 11, 1962, 
Pub. L. 87-793, § 1001(g), 76 Stat. 864; Aug. 26. 1964, Pub. L. 
88-489, § 16, 78 Stat. 606; Dec. 14, 1967, Pub. L. 90-190, § 11, 81 
Stat. 578; Oct. 15, 1970, Pub. L. 91-452, title II, §237, 84 Stat. 
930; Dec. 19, 1970, Pub. L. 91-560, §§ 7, 8, 84 Stat. 1474.; 



Title 43 — Public Lands 



43 U.S.C. 155. Withdrawal, reservation, or restriction of public 

LANDS FOR DEFENSE PURPOSES ; DEFINITION ; EXCEPTION 

Notwithstanding any other provisions of law, except in time of 
war or national emergency hereafter declared by the President or 
the Congress, on and after February 28, 1958 the provisions hereof 
shall apply to the withdrawal and reservation for, restriction of, 
and utilization by, the Department of Defense for defense purposes 
of the public lands of the United States, including public lands in 
the Territories of Alaska and Hawaii : Provided, That — 

(1) for the purposes of this Act, the term "public lands" 
shall be deemed to include, without limiting the meaning 
thereof, Federal lands and waters of the Outer Continental 
Shelf, as defined in section 1331 of this title, and Federal lands 
and waters off the coast of the Territories of Alaska and 
Hawaii; 

(2) nothing in this Act shall be deemed to be applicable to 
the withdrawal or reservation of public lands specifically as 
naval petroleum, naval oil shale, or naval coal reserves ; 

(3) nothing in this Act shall be deemed to be applicable to 
the warning areas over the Federal lands and waters of the 
Outer Continental Shelf and Federal lands and waters off the 

[Emphasis supplied.] 



349 



coast of the Territory of Alaska reserved for use of the military 
departments prior to the enactment of the Outer Continental 
Shelf Lands Act ; arid 

(4) nothing in this section, section 156, or section 157 of this 
title shall be deemed to be applicable either to those reservations 
or withdrawals which expired due to the ending of the unlim- 
ited national emergency of May 27, 1941, and which subsequent 
to such expiration have been and are now used by the military 
departments with the concurrence of the Department of the 
Interior, or to the withdrawal of public domain lands of the 
Marine Corps Training Center, Twentynine Palms, California, 
and the naval gunnery ranges in the State of Nevada designated 
as Basic Black Rock and Basic Sahwave Mountain. 
(Pub. L. 85-337, § 1, Feb. 28, 1958, 72 Stat. 27.) 



43 U.S.C. 616W. Restriction on delivery of water for 

PRODUCTION OF EXCESSIVE BASIC COMMODITIES 

For a period of ten years from September 2, 1964, no water from 
the projects authorized by this Act shall be delivered to any water 
user for the production of newly irrigated lands of any basic agri- 
cultural commodity, as denned in the Agricultural Act of 1949, or 
any amendment thereof, if the total supply of such commodity for 
the marketing year in which the bulk of the crop would normally be 
marketed is in excess of the normal supply as defined in section 
1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for 
an increase in production of such commodity in the interest of 
national security. (Pub. L. 88-568, § 5, Sept. 2, 1964, 78 Stat. 853.) 



43 U.S.C. 1314. Rights and powers retained by the United States; 

PURCHASE OF NATURAL RESOURCES ; CONDEMNATION OF LANDS 

(a) The United States retains all its navigational servitude and 
rights in and powers of regulation and control of said lands and 
navigable waters for the constitutional purposes of commerce, navi- 
gation, national defense, and international affairs, all of which shall 
be paramount to, but shall not be deemed to include, proprietary 
rights of ownership, or the rights of management, administration, 
leasing, use, and development of the lands and natural resources 
which are specifically recognized, confirmed, established, and vested 
in and assigned to the respective States and others by section 1311 
of this title. 

(b) In time of war or when necessary for national defense, and 
the Congress or the President shall so prescribe, the United States 
shall have the right of first refusal to purchase at the prevailing 
market price, all or any portion of the said natural resources, or to 
acquire and use any portion of said lands by proceeding in accord- 
ance with due process of law and paying just compensation there- 
for. (May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.) 

[Emphasis supplied.] 



24-509 O - 73 - 24 



350 



43 U.S.C. 1341. Reservation of lands and rights 

(a) Withdrawal of unleased lands by President. 

The President of the United States may, from time to time, with- 
draw from disposition any of the unleased lands of the outer 
Continental Shelf. 

(b) First refusal of mineral purchases. 

In time of war, or when the President shall so prescribe, the 
United States shall have the right of first refusal to purchase at the 
market price all or any portion of any mineral produced from the 
outer Continental Shelf. 

(c) National security clause. 

All leases issued under this subchapter, and leases, the mainte- 
nance and operation of which are authorized under this subchapter, 
shall contain or be construed to contain a provision whereby author- 
ity is vested in the Secretary, upon a recommendation of the Secre- 
tary of Defense, during a state of war or national emergency 
declared by the Congress or the President of the United States after 
August 7, 1953, to suspend operations under any lease; and all such 
leases shall contain or be construed to contain provisions for the 
payment of just compensation to the lessee whose operations are 
thus suspended. 

(d) National defense areas; suspension of operations; extension of 
leases. 

The United States reserves and retains the right to designate by 
and through the Secretary of Defense, with the approval of the 
President, as areas restricted from exploration and operation that 
part of the outer Continental Shelf needed for national defense ; and 
so long as such designation remains in effect no exploration or oper- 
ations may be conducted on any part of the surface of such area 
except with the concurrence of the Secretary of Defense; and if 
operations or production under any lease theretofore issued on lands 
within any such restricted area shall be suspended, any payment of 
rentals, minimum royalty, and royalty prescribed by such lease like- 
wise shall be suspensed during such period of suspension of opera- 
tion and production, and the term of such lease shall be extended by 
adding thereto any such suspension period, and the United States 
shall be liable to the lessee for such compensation as is required to 
be paid under the Constitution of the United States. 

(e) Source materials essential to production of fissionable mate- 
rials. 

All uranium, thorium, and all other materials determined pur- 
suant to paragraph (1) of subsection (b) of section 5 of the Atomic 
Energy Act of 1946, as amended, to be peculiarly essential to the 
production of fissionable material, contained, in whatever concentra- 
tion, in deposits in the subsoil or seabed of the outer Continental 
Shelf are reserved for the use of the United States. 

(f) Helium ownership; rules and regulations governing extrac- 
tion. 

The United States reserves and retains the ownership of and the 
right to extract all helium, under such rules and regulations as shall 
[Emphasis supplied.] 



351 



be prescribed by the Secretary contained in gas produced from any 
portion of the outer Continental Shelf which may be subject to any 
lease maintained or granted pursuant to this subchapter, but the 
helium shall be extracted from such gas so as to cause no substantial 
delay in the delivery of gas produced to the purchaser of such gas. 
(Aug. 7, 1953, ch. 345, § 12, 67 Stat. 469.) 



Title 44 — Public Printing and Documents 



44 U.S.C. 1505. Documents to be published in Federal Register 

(a) Proclamations and Executive Orders; documents having gen- 
eral applicability and legal effect; documents required to be pub- 
lished by Congress. 

There shall be published in the Federal Register — 

(1) Presidential proclamations and Executive orders, except 
those not having general applicability and legal effect or effec- 
tive only against Federal agencies or persons in their capacity 
as officers, agents, or employees thereof ; 

(2) documents or classes of documents that the President may 
determine from time to time have general applicability and 
legal effect ; and 

(3) documents or classes of documents that may be required 
so to be published by Act of Congress. 

For the purposes of this chapter every document or order which 
prescribes a penalty has general applicability and legal effect. 

(b) Documents authorized to be published by regulations; com- 
ments and news items excluded. 

In addition to the foregoing there shall also be published in the 
Federal Register other documents or classes of documents authorized 
to be published by regulations prescribed under this chapter with 
the approval of the President, but comments or news items of any 
character may not be published in the Federal Register. 

(c) Suspension of requirements for filing of documents; alternate 
systems for promulgating, filing, or publishing documents ; preserva- 
tion of originals. 

In the event of an attack or threatened attack upon the continen- 
tal United States and a determination by the President that as a 
result of an attack or threatened attack — 

(1) publication of the Federal Register or filing of documents 
with the Office of the Federal Register is impracticable, or 

(2) under existing conditions publication in the Federal Reg- 
ister would not serve to give appropriate notice to the public of 
the contents of documents, the President may, without regard to 
any other provision of law, suspend all or part of the require- 
ments of law or regulation for filing with the Office or publica- 
tion in the Federal Register of documents or classes of docu- 
ments. 

[Emphasis supplied.] 



352 



The suspensions shall remain in effect until revoked by the 
President, or by concurrent resolution of the Congress. The Presi- 
dent shall establish alternate systems for promulgating, filing, or 
publishing documents or classes of documents affected by such sus- 
pensions, including requirements relating to their effectiveness or 
validity, that may be considered under the then existing circum- 
stances practicable to provide public notice of the issuance and of 
the contents of the documents. The alternate systems may, without 
limitation, provide for the use of regional or specialized publications 
or depositories for documents, or of the press, the radio, or similar 
mediums of general communication. Compliance with alternate sys- 
tems of filing or publication shall have the same effect as filing with 
the Office or publication in the Federal Register under this chapter 
or other law or regulation. With respect to documents promulgated 
under alternate systems, each agency shall preserve the original and 
two duplicate originals or two certified copies for filing with the 
Office when the President determines that it is practicable. (Pub. L. 
90-620, Oct. 22, 1968, 82 Stat. 1274.) 

—NOTE— 

Excerpt from House Rept. 2143, 90th Coxg., 2d Sess. (1968) 

need for legislation 

The need for this legislation arises out of the fact that 
none of these statutes contain any provisions permitting the 
suspension of these requirements in an emergency situation 
in which compliance would be either impossible or imprac- 
ticable. 

In his explanatory statement accompanying the draft bill, 
the Attorney General points out that — 

Conceivably a situation might exist in the United States os a result 
of an atomic or other attack, by air or otherwise, under which the 
Archives Building, the Federal Register, and the Government Printing 
Office would be destroyed and the Government dispersed. Similarly, in 
a period of threatened attack it might be necessary to disperse the Gov- 
ernment, means of communications might be limited, shortages of paper 
might exist, and the opportunity to continue Government periodicals 
might be substantially impaired. In such situations two competing con- 
siderations would have to be given weight. On the one hand, it would 
he impracticable to delay the effectiveness or validity of vital Presiden- 
tial and other executive and administrative action until filing with the 
Federal Register Division and publication in the Federal Register could 
be accomplished. Indeed, such filing and publication might be impossible, 
or even if possible, means of access to various filed documents, and 
circulation of the Federal Register, might be so limited as not to con- 
stitute an appropriate method of giving notice to the public of the con- 
tents of such documents. On the other hand, the public is entitled to 
reasonable notice of executive and administrative action which, espe- 
cially in such an emergency, vitally affects it. 

The Attorney General observes further that, under a 
long-standing decision of the Supreme Court of the United 
States, some form of publication or proclamation is neces- 
sary in order for a Presidential proclamation, Executive 



[Emphasis supplied.] 



353 



order or agency rule or regulation to be effective (Lapeyre 
v. United States, 17 Wall. 191. 198-99 (1973)). 

Finally, the Attorney General states that, although reli- 
ance might be placed on the contention that the Federal 
Register Act and the Administrative Procedure Act were 
not intended to be applicable to an emergency situation, and 
that any reasonable method of publication or promulgation 
would be effective under such circumstances — 

the validity of that contention would be uncertain until finally deter- 
mined by a competent court. It would be preferable to place the matter 
beyond doubt by appropriate legislation making it possible to provide 
alternate systems for publication, promulgation and public availability 
of official documents. 



44 U.S.C. 3311. Destruction or records outside continental United 
States in time of war or when hostiu5 action seems imminent; 
written keport to the Administrator of General Services 

During a, state of war between the United States and another 
nation, or when hostile action by a foreign power appears imminent, 
the head of an agency of the United States Government may author- 
ize the destruction of records in his legal custody situated in a mili- 
tary or naval establishment, ship, or other depository outside the 
territorial limits of continental United States — 

(1) the retention of which would be prejudicial to the inter- 
ests of the United States or 

(2) which occupy space urgently needed for military pur- 
poses and are, in his opinion, without sufficient administrative, 
legal, research, or other value to warrant their continued 
preservation. 

Within six months after their disposal, the official who directed 
the disposal shall submit a written report to the Administrator of 
General Services in which he shall describe the character of the rec- 
ords and state when and where he disposed of them. (Pub. L. 
90-620, Oct. 22, 1968, 82 Stat. 1301.) 



Title 45 — Railroads 



45 U.S.C. 228c-l. Military service 

(a) For the purposes of determining eligibility for an annuity and 
computing an annuity, including a minimum annuity, there shall also 
be included in an individual's years of service, within the limitations 
hereinafter provided in this section, voluntary or involuntary military 
service of an individual within or without the United States during 
any war service period, including such military service prior to 
April 8, 1942: Provided, however, That such military service shall be 
included only subject to and in accordance with the provisions of 
subsection (b) of section 228c of this title, in the same manner as 

[Emphasis supplied.] 



354 



though military service were service rendered as an employee: Pro- 
vided further, That an individual who entered military service prior 
to a war service period shall not be regarded as having been in military 
service in a war service period with respect to any part of the period 
for which he entered such military service. 

(b) For the purpose of this section and section 202 of the Act of 
June 24, 1937, chapter 382, as amended, an individual shall be 
deemed to have been in "military service" when commissioned or 
enrolled in the active service of the land or naval forces of the 
United States and until resignation or discharge therefrom ; and the 
service of any individual in any reserve component of the land or 
naval forces of the United States, while serving in the land or naval 
forces of the United States for any period, even though less than 
thirty days, shall be deemed to have been active service in such force 
during such period. 

(c) For the purpose of this section and section 202 of the Act of 
June 24, 1937, chapter 382, as amended, a "war service period" shall 
mean (1) any war period, or (2) with respect to any particular indi- 
vidual, any period during which such individual (i) having been in 
military service at the end of a war period, was required to continue 
in military service, or (ii) was required by call of the President, or 
by any Act of Congress or regulation, order, or proclamation pur- 
suant tliereto, to enter and continue in military service, or (3) any 
period after September 7, 1939, with respect to which a state of 
national emergency was duly declared to exist which requires a 
strengthening of the national defense. 

(d) For the purpose of this section, a "war period" shall be 
deemed to have begun on whichever of the following dates is the 
earliest: (1) the date on which the Congress of the United States 
declared war; or (2) the date as of which the Congress of the 
United States declared that a state of war has existed; or (3) the 
date on which war was declared by one or more foreign states 
against the United States; or (4) the date on which any part of the 
United States or any territory under its jurisdiction was invaded or 
attacked by any armed fo